Study On The Legal Problems Of The Cargo Insurance

The cargo insurance by carriers is a common phenomenon,but after the insurance accident,refusing compensation by the insurers occurs frequently,and often accompanied by controversy,such as the right of the claim,the right of subrogation,re-insurance,etc.,the focus of these disputes eventually concentrate on a core dispute that whether the carrier has insurable interest on the cargo-carried,and what kind of insurable interest in the issue.In this paper,the phenomenon of cargo insurance by carriers,and the core dispute and solutions will be discussed in four chapters.The first chapter begin with two typical cases,then summed up the typical legal relationship structures,typical disputes,and to extract the essence of the disputes,namely whether the carrier has an insurable interest on the cargo-carried,and what kind of insurable interest in the issue.The second chapter mainly analyzes the issue of the insurable interest.First,it talks about the insurable interest of the property insurance from the angle of general theory which includes the intension and extension,functions,etc.,Second,it talks about the insurable interest of the goods-carried to the carriers from the perspective of Chinese law and comparative law.The third chapter is the central part of the thesis,based on the general theory of insurable interest in the chapter two,it discusses the solutions to the typical cases,and make arrangements for the insurance claims according to different conditions.The fourth chapter,based on the whole thesis,makes some suggestions on perfection of relevant law and practical operation,in order to reduce or to properly resolve these kinds of disputes.About whether the carrier has an insurable interest on the cargo-carried,and what kind of insurable interest in the issue,this paper holds that the carrier has liability insurable interest for the cargo-carried,but whether has insurable interest on the cargo itself depend on how to explain the"legally recognized interest" formulated by China's "Insurance Law".In addition,for different cases,this paper proposes to selectively understand and apply the insurable interest principle to resolve the disputes reasonably and legally.