Research On Legal Restrictions Of Marine Insurance Subrogation

In international trade, marine transportation plays the mostimportant role all the time, and it can’t be substituted by airtransportation or road transportation. As development of global economics,business between nations and states becomes more frequent and closer.International cooperation and labor division play more and more importantrole in economic development. Maritime laws in each countries, Hague Rules,Visby Rules, Hamburg Rules, and Rotterdam Rules are all for regulatingmarine transportation between nations. As we all know, marinetransportation has characteristics of long distance and high risk, thusmarine insurance is an essential part in laws related to marinetransportation. The existence of marine insurance has significant meaningfor protecting insurant legal interest, and reducing loss. EspeciallyMaritime Subrogation, which is always a heat and focus in marineinsurance.Referring Marine Insurance Subrogation analysis from scholars at domestic and abroad, as well as studying Chinese laws, British andAmerican laws, and also regulations on Marine Insurance Subrogation ofcivil law countries, the author analyzes Marine Insurance Subrogation,esp. Marine Insurance Subrogation restriction from his own perspective,on basis of relative cases from UK and other countries.Firstly, the author summarizes the main content of Marine InsuranceSubrogation, including its definition, nature, and comparison betweentheoretical basis and some conceptions, which is good matting to thefollowing analysis.Secondly, the author states marine insurance subrogationrestrictions from provisions of marine insurance subrogation’sfoundation and execution aspects. When the right can be found and whento execute it?Finally, the author comprehensively analyzes provisions on marineinsurance subrogation from executions aspect, i.e. executing marineinsurance subrogation through lawsuit.UK is one of the earliest countries developing marine laws andinsurance, the Marine Insurance Act1906has significant meaning andeffect to many countries and worldwide marine insurance. But China hasnot very clear provisions on marine insurance subrogation. Maritime Codeof the People’s Republic of China, Insurance law of the People’s Republicof China, Special Maritime Procedure Law of the People’s Republic of China,the first two make regulations to substantive right of marine insurancesubrogation, and the last make regulations to procedural law of marineinsurance subrogation.Marine insurance subrogation has important meaning to insurant ofmarine insurance and marine transportation. The thesis aims to analyze marine insurance content and its restriction regulations through marinelaws in China and foreign countries and also judicial cases. Expect thethesis can do some help to development of marine insurance subrogation,marine insurance law and maritime law.