Research On The Third Party Direct Claim In Marine Compulsory Insurance

With the development of the maritime industry, the society is increasingly concerned about protecting the marine environment and the interests of the third party, the international organizations reach a consensus about marine compulsory liability insurance and the direct claim to the third party. According to the reality conditions and future trend, we should research on marine compulsory liability insurance and the direct claim to the third party.This paper is divided into four parts. The first part describes the general theory. The second part learns advanced legislation of the International Convention and other countries, providing a reference for our legislation. The third part focuses on the practical issues and researches the following conclusions: First, the paid first clause of P & I insurance contract can’t confront to the direct claim to the third party. Then, the second part analyzes the right of defense of insurance company and establishes recourse system by learning the specific case of compulsory motor vehicle insurance recourse system. When the victims are many people, we should make insurance distribution ratio and procedure clear. The last part summarizes the lack of our legislation about the third party direct claim and proposes some suggestion.Depending on the analysis of the paper, I put forward following specific improvement: First, we should add the general provisions about the third party direct claim in marine compulsory liability insurance into the insurance law. Second, we can establish various systems of marine compulsory liability insurance, including oil pollution damages, compensation for damage to the transport of hazardous substances and passenger personal injury compensation. Then we should put specific terms of direct claims to the third party, the insurer’s right of defense, and other right of recourse into it, compensating for gaps in the law. We should revise the substantive law and procedural law within the existing legal framework, achieving the legislative goals of marine compulsory liability insurance and the direct claim to the third party.