A Study Of The Doctrine Of Warranty And Its Improvement In The China`s Marine Insurance Law

The marine insurance warranty refers to the insured’s confirmation and promise of existence or non-existence, act or omission in the form of direct expression or implication in a marine insurance contract. Derived from marine insurance practice in England, the marine insurance warranty establishes its own warranty through a series of law cases in a long development.This thesis is divided into four parts to discuss the marine insurance warranty in China. The first part is the origin of marine insurance warranty in China. Marine insurance warranty originates from the marine insurance practice in England, and related regulations of MIA1906 are also referred by China when establishing some laws. Therefore, the main idea of chapter one is to introduce the overall perspective of marine insurance warranty in England.The second part is to introduce the current situation of marine insurance warranty in China. Through analyzing the current laws of China, meaning, nature and category of marine insurance warranty in China will be described. Moreover, process to transplant laws will be reviewed and applicable clauses in China maritime justice will be introduced. Both parties of marine insurance contract can determine warranty clauses. The insured should inform the insurer immediately if it violates this warranty. After receiving this information, the insurer may terminate this contract.The necessity to reform marine insurance warranty in China will be introduced in the third part. Viewing from the analysis of powerful and long utility as well as current issues, it is concluded that warranty clauses in China should be amended.The fourth part is the introduction of how to perfect marine insurance warranty in China. In this thesis, it states that China should amend its warranty clauses by referring to related marine insurance clauses of 2015 in England. Definition and legal nature should be confirmed, content of marine insurance warranty should be perfected. Once violation occurs, its legal consequence should be the insurer accordingly terminates its responsibility. It is clear that if insurer terminates its responsibility, it does not have to inform the insured. Furthermore, violation of marine insurance warranty should be related to the loss in order to limit any abuse of warranty clause by insurer.