Research On Development And Improvement Of Disclosure Obligation In Marine Insurance

It has been hundreds of years since the operation of traditional disclosure obligations in marine insurance, as its legal status, performing range and objective standard have been in constant development. During this period, the legislation habit of the duty of disclosure has developed from common law to case law and then to statute law; from invalid doctrine to doctrine of cancellation; from objectivism to subjectivism.In the interests protection it shifts from insurer to insured. All these embody the adaptability of the disclosure obligations to the development of times. However, most of the current disclosure obligation systems in marine insurance are based on "Marin Insurance Act 1906" of Britain. The emergence of new ocean environment and the new maritime rules have posed a great challenge to the disclosure obligation. How can we make the marine insurance obligation adapt to the new ocean environment? How to balance the interests of the parties of marine insurance contract and embody the values of fairness and justice? These are the problems to be solved.The first chapter introduces the origin and development of the duty of disclosure system in marine insurance, which summarizes the legislative experience, inquiries the development of its legal status, objective standard, scope and relief way. The second chapter aims to explore challenges of the duty of disclosure system in the new era, including the current situation of international shipping and the "Rotterdam rules". From the beginning of this chapter is the focus of the thesis. The asymmetry of information embodied in the new period. The emergence of the new marine risk, such as pirates ransom insurance effects on the system, and the same as the disunity of the marine insurance law. A variety of innovative change appear in the "Rotterdam rules", such as the expansion of subject, changes of the carrier’s liability and patterns of the burden of proof and so on. All these challenge the duty of disclosure. This paper, from the perspective of macroscopic and microscopic, analyzes the influences of the framework and the article of the "Rotterdam rules" to disclosure obligation, which is the innovation of this paper. The third chapter analyzes the method and feasibility of international coordination through discussing the value of the obligation in marine insurance. The last chapter emphatically reveals defects of disclosure obligation in Chinese marine insurance law and then put forward some suggestions of improving. However, the improving legal advice seems not exhaustive, that because I’m not familiar with the practice of marine insurance, and this is the difficulties and problems of this paper.This paper uses the historical analysis method, comparative research method, literature research method and information research method. And will put forward related suggestions through exploring the development process of disclosure obligations, combining the current situation of ocean shipping development and the innovation mechanism of "Rotterdam Rules". Hoping it will have a positive effect on the development of China’s insurance industry, and be helpful to perfect law and get smooth solution of marine disputes.