British Marine Insurance Regulatory System For The Enlightenment Of Our Country

This dissertation starts from the research towards the seaworthiness in the BritishMarine Insurance Law, i.e. the meaning, the purpose, the case laws in the history andtheir reasonings, the practice and the reforming tendency and alternatives of it.Concurrently, our Maritime Law has been issued for around20years, in the draftingof the insurance part of which, we, to a very large extent, referred to the BritishMarine Insurance Law. In order to truly understand the merits and demerits as far asthe references and the changes made along with the references, we still have to restartfrom the research upon the referred.Section39, Marine Insurance Law1906, was drafted by Sir Mackenzie Chalmersmore than100years ago. Originally, the rules and regulations codified by SirChalmers were derived from the common law cases in nineteenth century. Therefore,these rules after hundreds of years of application might need some reconsideration orreform. This paper is going to analyze the problems the law facing with when it ispracticed and some suggestions will also be given.In respect to the structure, firstly, the dissertation will give its readers a briefintroduction to the related definitions and the value of the seaworthiness regime underthe British Marine Insurance Law. Secondly, it will respectively discuss theseaworthiness warranty in the voyage policies and the seaworthiness exclusion in thetime policies in their merits and demerits, and the suggestions and proposals will befollowed to each of them. Last but by no means the least, it will, based on the content,problems and reform tendency of the British marine insurance seaworthiness system,analyze our system by way of comparison, and thereafter, give suggestions andproposals to the reform of it.