The Perfection Of Abandonment Constitution In Marine Insurance

Abandonment as an important regulation of Maritine Law, plays an crucial role in the Marine Insurance. It has gained generally recognized and application in countries’ Marine Insurance legal institution. This article takes the Abandonment of Marine Insurance as research object, carrying on comparative analysis through Marine Law, British and some major country and regions’ related Abandonment legal institution. The paper analyses abandonment’s basic concept, nature, executive means and other links, combined with abandonment status in our legislation, raises some question and gives corresponding suggestions.This article divides into fort parts, focuses on discussing abandonment concept, feature, legal character, the prerequisite of abandonment fact, executive means and related legal consequences. The first part is an outline of abandonment concept, feature, legal character, Which contains the basic theoretical issues of understanding abandonment institution. First of all, it provides various explanation about abandonment concept and understands abandonment in different aspects and meaning that combining the other countries’ abandonment definition. Secondly, this paper elaborates abandonment character, legal force and legal character. It compares and analysis major countries’ related theory of abandonment legal character, also clarifies the wrong knowledge about the issues relating to the legal nature of the various theories. Finally, through analyzing various point that civil legal act’s view about the abandonment. The paper comes to the conclusion that the abandonment is considered as a special meaning which means the insured make a willing decision to transfer subject matter to insurer when the subject matter is constructed total loss in the accident before insured request compensation loss from insurer. The second part is a detailed discussion about the abandonment and the constructive total loss. Focusing on studying the relationship between abandonment institution and constructive total loss institution, regarding the constructive total loss as prerequisite of abandonment existence. They are inseparable. This part plays the role linking the preceding and the following. It makes a clear distinction about the constructive total loss and the actual total loss on the legal effect, although both of constructive total loss and actual total loss are prerequisite of abandonment, the difference is insured need to issue abandonment notice to insurer first in the situation of constructive total loss. Then draw out the following context.The third part discourses the meaning, content, and purpose of abandonment notice, combining the cases to illustrates the importance of abandonment notice in abandonment institution. In addition, this part also separately discourses the relationship between the two aspects that insurer accepts abandonment or not and the insurance object rights and obligations. One is the attribution of subject matter right and obligations when insurer accept abandonment notice, the other is the subject matter ownership when insurer refused to accept abandonment notice.The forth part is the last part of the article, mainly puts some question to relevant provisions of abandonment institution, at the same time, it gives the correspond suggestion. Such as the problem about insurer refuses to accept subject matter’s ownership attribution after abandonment and insurer refuses insured’s reasonable time of abandonment notice.