On Law Application Problems Of Protection And Indemnity Insurance In China

This thesis studies on law application problems of P&I insurance in China.Basing on a holistic analysis of the legal system of P&I insurance in China,this thesis has a further study on law application problems about disclosure duty,the third-party claims against P&I Club and P&I Club letter of undertaking("P&I Club LOU").After analyzing all these problems,this thesis tries to put forward some suggestions to improve the legal system of P&I insurance.This thesis is divided into five parts:The first chapter is an introduction about the current legal system of P&I insurance in China.In judicial practice,P&I insurance cannot apply to Insurance Law and whether Maritime Law can be applied is debatable.In addition,Civil Law,Contract Law,and Guaranty law are important parts of legal system of P&I insurance in China.The second chapter analyzes the law application problems about disclosure duty.Disclosure duty in P&I insurance mainly depends on the provision of P&I insurance contract,which may not make disclosure duty a full use to balance interests between the insurer and the insured.It is necessary to build legal disclosure duty of P&I insurance.The third chapter mainly analyzes the law application problems of the third-party claim against P&I Club.Current legal system does not distinguish compulsory liability insurance and non-compulsory liability insurance of the third-party claim.What’s more,it is hard to judge whether the "pay to be paid" clause is valid or not.In order to protect third-party’s legitimate rights and interests,establishing a more thorough legal system for the third-party claim against P&I Club is imperative.The fourth chapter mainly analyzes the law application problems about P&I Club LOU.P&I Club LOU has characteristics about independent guarantee,which is different with general suretyship and suretyship of joint and several liability.Noticing the special characteristics about P&I Club LOU,and applying legislation correctly are in urgent need.The final chapter aims to putting forward some suggestions.Firstly,this thesis suggests setting up a section named "P&I Insurance Contract" in chapter 12 in Maritime Law and formulating Mutual Insurance Law or Mutual Insurance Regulation to supervise P&I Club.Contents in "P&I Insurance Contract" shall insist on the party autonomy principle,and make necessary intervention,such as informing the duty of fair presentation to balance interest,perfect the third-party claim against P&I Club to protect social and public interests,and recognizing the special characters about P&I Club LOU to apply legislation correctly.