A Research On The Rescission Of Marine Insurance Contract

Rescission of the contract of marine insurance has a huge impact to the interests of both the parties. Maritime law was enacted before contract law and insurance law, but only contains a few provisions of the rescission of marine insurance contract. When contract law and insurance law were enacted, part of the rules in these two laws is more than maritime law, but some are conflict of maritime law. So, there are lots of controversy both in theory and practice.This paper argues that the dispute arises mainly because of the conflict of the comprehension of the rescission and the cancellation between the laws about contract. That means the rescission and cancellation is not clearly distinguished, which relate to if the contract is binding before rescission or cancellation; if the payment should be turn back; if the insuraner has the liability. It make the legislation unclear,so,every different argument can find some legislation or theory to prove themselves.Legislation is not uniform, so, resulting in the law is not clear. To understand a rule, one must analysis all aspects of the relevant rules in theory in law and practice, as well as the balance of the parties. This will make the law not clear enough.The current research about the rescission of marine insurance contract mostly limited to the analysis of individual cases, but rarely about the clear distinction between rescission and cancellation of marine insurance contract, almost mo system of the rescission of the marine insurance contract. This article is intended to analyse a clear distinction between the rescission and cancellation, in order to clear the classification of the various circumstances of rescission of marine insurance contract, in the end, build the system of the rescission of marine insurance contract. The final goal is to find the solutions to theoretical and practical dispute.This paper analyses the international and domestic mode of law about rescission of insurance contract, rescission and cancellation should be a clearly divided, according to whether contain the retroactive effect or not. The next step is to re-analysis the rescission and cancellation and cancellation of marine insurance contract, as well as the logical structure of rescission. In addition, the specific rules of the rescission in exercise are analyzed.In addition, due to the changing of circumstances, the rescission provisions of the rescission of marine insurance in maritime law are incompatible with the practice and other law. This paper analyses the conflict between laws in the aspect of the rescission, and the issues that parties should pay attention to, and processing methods. At last, the improvements are analyzed.