Discussion Of The Partial Loss Of Subject Matter Insured In Marine Insurance

Marine insurance is one of the oldest insurance systems. It is a kind of service trade, and it is extremely important to support for international trade and the international shipping industry development. The fundamental purpose of marine insurance is compensating losses of the subject matter insured. The extent and patterns of losses of the subject matter insured are the basic conditions of which insurers are responsible for. But losses of the subject matter insured as defined in our law and practice are not perfect and even without any provisions. Objects of insurance losses are divided into total loss and partial loss, and total loss is divided into actual total loss and constructive total loss. The maritime law in China just gives a simple definition in section No.247 for provisions of partial loss. There is no such as the 1906 British marine insurance act, as it contains a specific provision of the content.In this article, I mainly used the literature analysis, comparative analysis and other methods to explore issues related to partial loss in marine insurance for more study on the system of analysis. Excluding preface and conclusion, this article is constituted of five chapters:In the first chapter states the significance of the writing of this article, it mainly includes the distinction meaning between total loss and partial loss and the significance of classification of partial loss. And a brief introduction of the relevant point of view of theoretical circles, the regulations of our country’s maritime law and the relevant provisions of the 1906 British Marine Insurance Act are made.In the second chapter, I introduce the form of loss that a contract of marine insurance cover, such as particular average, general average, salvage charges and sue and labour charges and to classify it. Thus to give the author’s perspective, that is partial loss is divided into particular average, general average and salvage charges.In the third chapter, I introduce the provisions of the Chinese People’s Hull Insurance Clauses and the provisions of PICC Ocean Marine Cargo Clauses, and the payment of partial loss that marine insurer pays for are elaborated and discussion. I mainly discuss the components of partial loss of the subject matter insured and partial loss that insurer pays for which the special place need pay attention to.In the forth chapter, I mainly discuss the rights after the marine insurer pays for partial loss, including the rights of subrogation and rights of the subject matter insured. Authors on this part mainly focus analysis on the subject matter insured of rights after the insurer pays for.Finally, through first four parts of elaboration, the author presents its views on the inadequacy of the relevant provisions on the partial loss for our country’s maritime law, and I hope for the perfection of legal system of our country to make humble.