On Insurance Interests Transfer And Its Influence In Marine Cargo Insurance

This thesis mainly studies on the insurance interests transfer and its influence in marine cargo insurance. In the provision of existing insurance regulations, by combining with the relevant provisions in MIA1906, using the method of comparative analysis and case analysis, this thesis studies the relevant law matter of insurance interests transfer and its influences, and puts forward some suggestions to the law of our country. Except the brief introduction and conclusion, this thesis is divided into five parts.The first chapter is an overview of insurance interests and insurance interests in marine cargo insurance. Through comparing insurance interests with insurable interests and contract interests, this part identifies insurance interests is particular insurable interests. Only the insurance interests can transfer, not the insurable interests. Besides, this part bases on the analysis of criteria of insurance interests in marine insurance, combines with the characteristics of marine cargo transportation insurance, takes the view that the marine cargo insurance interests presence in the time with the form of latent dynamic, and liberal economy standards is more appropriate.The second chapter introduces the basic theory of the transfer of marine cargo insurance interests, including the meaning, the standard and the carrier. This chapter is the key part in this thesis. In the view of the fifty-first provisions of MIA 1906, this paper takes the view that the transfer of insurance interests is the transfer of subjects. This chapter defines the standard of insurance interests transfer including the ownership transfer and risk transfer. The transfer of contact is the carrier. The relationship of insurance interests transfer and define is interrelated and different. The interrelated performance is that we shall define the insurance interests, before judging the insurance interests transfer. The different performance is that insurance interests transfer is a dynamic determination, including substance transfer and form transfer, while the insurance interests is static determination.The third chapter introduces the specific situations of marine cargo insurance interests transfer. This chapter is also the key part. By combining the common disputes of marine cargo insurance transfer in international commerce, this part divides the specific situations of marine cargo insurance interests transfer into normal transfer and abnormal transfer.The fourth part mainly introduces the influences of the marine cargo insurance interests transfer, including the transfer of the marine cargo insurance contract, the transfer of the right of claim, and the international trade contract.The fifth part introduces some suggestions. In the view of existing legal regulations, this part tries to propose some suggestions. Firstly, this part suggests determining the liberal economy standard as the standard of insurance interests in insurance law. Secondly, it suggests determining the standard of marine cargo insurance interest transfer in maritime law, giving judges the right to choose the standard in particular case, determining the relationship of the interests transfer and the contract transfer.