The Research On The UK Reform Of Warranty Regime In Marine Insurance And The Reference To China

Warranty clause is one of the most significant contents under the insurance contract,and warranty is an important mean for the insurer to control risks all the time.Under Marine Insurance Act 1906,the warranty was identified as a specific system under the principle of utmost good faith.However,with the development of the navigation and information technology,the underwriting risks taken by the insurer significantly reduce,some disadvantages existing in warranty regime have gradually revealed.Particularly the consequence of breaching the warranty term seems too harsh,inflexible and over due.On 12 February 2015,the Insurance Act 2015 was approved by the House of Parliament.The new insurance law softens the severity of the warranty,and inclines to protect the interests of the insured.By contrast,article 235 under Maritime Code of China just simply stipulates the legal consequences when the insured breaches the warranty.The provision is too oversimplified to solve the problems and controversies appeared in the insurance practice and judicial practice.At the same time,the regulations about the warranty are more advantageous to the insurer,which is inconsistent with the current trend of the legislation to protect interests of the insured.So in order to balance the interests between the insurer and the insured and ensure the healthy and orderly development of the marine insurance market in China,it is necessary to learn from the latest legislative experience in UK to perfect the marine insurance warranty rules in China.The thesis mainly includes four parts:The first part analyzes the current challenges faced by the traditional warranty regime as the important means to control risks,and introduces the measures taken by the British insurance practice and judicial practice against the challenges;The second part introduces the latest regulations on warranty regime in detail under the Insurance Act 2015,including abolition of the basis clauses,change of the legal consequence when the insured breaches the warranty clause,the terms not relevant to the actual loss,the contracting out rules and the transparency requirements.What's more,the thesis analyzes the warranty regime reform's influence on the UK insurance market and the trend of the reform;The third part mainly introduces the present situation of the warranty in China marine insurance field,and the problems faced in insurance practice and judicial practice;The fourth part summarizes how to learn from the latest provisions of the Insurance Act 2015 about warranty regime,how to consummate the rules about warranty in marine insurance in China and make it conform to the current development trend of the Marine insurance warranty regime reform.