The Research On Legal Issues Of Exclusions In Hull Insurance

Contrary to the clauses of perils insured positively defining the scope of liability,the clauses of exclusions aims to negatively define the scope of liability in marine insurance,both of which are significant.As to the hull insurance,generally speaking,the content of exclusions would be provided by the marine insurance law.Moreover,there will be always an exclusive section in hull insurance clauses to make a definition on it.In England where Anglo-American law originated,the provision of exclusions in hull insurance is set out in Marine Insurance Act 1906,Institute Time Clauses Hull?Institute Voyage Clauses Hull and International Hull Clauses.Nonetheless,the Norway-drafted Nordic Maritime Insurance Plan makes the content of exceptions dispensed in several sections.As to the exclusions in hull insurance,our legislation mainly absorbed the authorities and judicial practice of England.However,there is still deficiency or shortcomings in respect of details of legislation.It is necessary to study the experience of England and Norway to improve our institutions.Based on the basic theory of marine insurance,this paper makes an analysis of legislative and judicial practice in China,England and Norway.Starting from the three kinds of exceptions in hull insurance,this paper emphasizes on the problems existing in Chinese law and clauses of insurance regarding to the exceptions.Further,it discussed the advantages of foreign legislation which is beneficial to Chinese law.The body of this paper is divided into five parts.Chapter 1 of the paper makes an overview of exclusions in hull insurance,including the definition and catalogues,the comparison with similar concepts and basic theories,for the purpose of making an explicit explanation on the basic problems.Chapter 2 of the paper focuses on the definition and nature of unseaworthiness of ship in exclusions.Through comparison of relevant provision in England,Norway and China,this chapter addressed the shortcomings existing in Chinese law.Chapter 3 of the paper is meant to bring to light the reasonability and constitution of willful conduct and negligent conduct,as well the relations between clause of exceptions and other clauses.Chapter 4 of this paper introduces the different rules of ordinary wear and tear in China,England and Norway.Additionally,this chapter puts forward the reasonable points under Chinese law as well as relevant issues in application of insurance clause.Chapter 5 of this paper is based on the above analysis and argument.It examines the advantages of relevant provisions in England and Northern Europe in respect of the three kinds of liability excluded,and put forward some constructive views for the perfection of Chinese law.