The Study Of Legal Issues About Beneficiary Clause In Shipping Insurance

In recent years,both international hull policy and coastal hull policy issued by Chinese insurance company includes the Beneficiary Clause.That is a new development about marine insurance.However,for the understanding and application of this provision,including the effectiveness of the provision,the legal status of these beneficiaries,there are significant confusion in judicial practice.Furthermore,the origin of the Beneficiary Clause in the property insurance does not happen in marine insurance,insurance contract of mortgage on real assets also has the beneficiary clause.In view of the provisions of China's "Insurance Law",beneficiaries only exists in life insurance,and therefore,in property insurance,such as marine insurance,whether the insured can designate a beneficiary is the focus of theoretical disputes.For such consideration,the author chosing"the research in legal issues about beneficiary in hull insurance "as the topic,using comparative method,historical method,aims to clarify the conception of the beneficiary in hull insurance,which provide reference for the solution of judicial practice about hull insurance dispute,also provide reference for the improvement of the system of insurance beneficiary.In this paper,starting from the origin of beneficiary clause in hull insurance,find out that this clause is a self-help measure of the mortgagee who wants to achieve his subrogation right.But based on the definition of the scope of insurance beneficiary,the author think one of the reason for the existence of the beneficiary system is to solve the problem of subject deficiency after the death of the insured.Another one which is more important is to protect people living on the insured not over the death of the insured in life predicament.Therefore this system can only be applicable to life insurance which has the survival safeguard function,especially death insurance.So long that there is no beneficiary in shipping insurance,returning to the intention of the parties in the contract,main text analyses that they use the beneficiary clause to transfer the right to insurance claims.According to the creditor's rights assignment system,the Right of Requesting Insurance Proceeds as property right,expectations right before the insurance accident happens,and vested right after insurance accident happens,are transferable to "beneficiary",which is reasonable on the legal explanation.However,the creditor's rights assignment system itself is not maturity,and the simplicity of the"beneficiary" clause in the disputed contract,insurance claims to still can not become the basic way to solve the problem."Beneficiary" clause in shipping insurance produced from the defects about the mechanism of achieving subrogation in rem of mortgagee.To solve the problem,should eventually return to the realization mechanism of mortgagee's subrogation in rem.Through the comparison among different legislation model,this paper argues that to definite the nature of the subrogation in rem and to determine the notification obligation of the insurer are the only right path for solving problems in reality.