Legal Research On Marine Valued Insurance

Valued insurance has a close relationship with marine valued insurance,valued insurance occurred in marine insurance field initially,and then was applied in land property insurance,so far,most ship insurance and cargo transportation insurance are valued.Due to the particularity of the applicable field,marine valued insurance is largely different from land valued insurance:The applicable law of the two is different,the former mainly applies " Chinese Maritime Code",while the latter mainly applies"Insurance Law";Some systems in the field of marine insurance are closely related to the marine valued insurance,for example,the agreed value in the marine valued insurance is one of the value comparison basis for deciding if it constitutes the constructive total loss;in the subrogation system,there is doubt that the existence of the marine valued insurance can be the obstacle for the insured to exercise the right to claim compensation for residual damages.At present,"Chinese Maritime Code" on the relevant provisions of the marine valued insurance is not perfect,systematic results in the academic community on the marine valued insurance are also rare,so it is necessary to sort out and do a comprehensive research on related issues of marine valued insurance.The first chapter of this paper is the summary of marine valued insurance system,analyzes how to define the valued insurance,and explains the relationship between the marine valued insurance and related legal concepts and the relationship between the valued insurance and the principle of marine insurance.The second chapter is the research of the obligation to disclosure under the marine valued insurance.When does the agreed value constitute the "important situation" that needs to be informed,what is the consequence of the violation of the obligation?The author studies the relevant jurisprudence and the provisions of the Maritime Insurance Act of 1906 and the Insurance Act of 2015.The third chapter is the exploration of the insurance compensation under marine valued insurance,mainly discusses from the vision of the compensation limit under the total loss and the calculation of the compensation of the ship and the goods under the partial loss.The fourth chapter is the discussion of the influence of marine valued insurance on constructive total loss and the right of subrogation insurance.This paper puts forward that in the ship and cargo constructive total loss system,the agreed value becomes the basis of value comparison to confirmthat if they forms constructive total loss,and the view that the "agreed value becomes the obstacle to exercise the residual damages" has been brought order out of chaos.