Marine Double Insurance Notification Obligation Study

Double insurance notification obligation is an important part of double insurance system.There is only one clause in Insurance Law of The People's Republic of China(hereinafter referred to as Insurance Law)Article 56:"The insurant of double insurance shall notify all the insurers of the double insurance." As for marine double insurance notification obligation,The Maritime Law of The People's Republic of China(hereinafter referred to as Maritime Law)says nothing about the notification obligation in marine double insurance.Article 182 of Insurance Law says that:"For marine insurance the relevant provisions of the commercial maritime law shall be abided by.This law shall apply to matters not covered by the commercial maritime law."So,here is the question,whether in marine double insurance,the notification obligation shall apply Article 56 of Insurance Law'?If the notification obligation in marine double insurance shall apply to this clause,then how will this clause specifically apply in marine double insurance?There are five chapters of this thesis.The first part is an overview of the notification obligation in marine double insurance.This part analyzes its legislative purpose and the application of law,then analyzes the differences between the notification obligation in marine double insurance and general double insurance and whether all kinds of marine insurance contracts would apply this obligation.The second part is the legal nature of the notification obligation.It belongs to collateral obligation,mandatory obligation and positive obligation.Then makes comparisons between this obligation and other obligations in marine insurance.The third part is the subject of notification obligation in marine double insurance.This part points out the dispute of subject when the insurant and the insured are inconsistent in marine insurance.Then this part analyzes the reasons of the dispute.At last combing with the complexities of marine double insurance,this part analyzes whether seller under CIF and freight agent should become the subject of the notification obligation in marine double insurance.The fourth part is about how to apply this obligation in marine double insurance,including the time of notification,the way of notification,the object of notification and the content of notification.This part makes comparisons between other countries and regions,and analyzes different views of scholars in order to make suggestions for our country's legal system.The fifth part analyzes the legal effects of breaching of this obligation.This part would firstly analyze constitutive requirements of breaching of this obligation-from objective and subjective aspects.Then this part analyzes different legislative patterns of other countries and regions,and different point of views of scholars.At last based on Article 225 of Maritime Law,this part makes suggestions of legal effects of breaching of this obligation for our country's marine double insurance.