Research On The Legal Issue Of Constructive Total Loss Of Marine Cargo Insurance

Constructive total loss system is a very important system in marine insurance.In marine insurance,in addition to a handful of actual total loss and partial loss of absolute circumstances,the insured's claim as a constructive total loss.But in practice,because both parties of insurance contract according to their own specific interests to determine whether to apply the constructive total loss,so the insurer and the insured easily damaged goods is established,should pay total loss insurance dispute.Therefore,the goods of constructive total loss as the research object,combined with the judicial practice in the real case,study on the legal issues related to the goods of constructive total loss,and then combined with the reality of our country puts forward some suggestions.This paper is divided into six chapters,as follows:The first chapter is an overview of the constructive total loss system.What is the goods to confirm the constructive total loss is a prerequisite to the study of the legal issues.This chapter begins from the meaing of constructive total loss,through the development of research on background of constructive total loss,and the comparative analysis with actual total loss and partial loss of the nature of constructive total loss.The second chapter is the research on the identification of general goods loss.In our country,the law clearly stipulates the establishment conditions of goods of constructive total loss.This chapter needs to meet the conditions of the goods constructive total loss,actual total loss or to avoid the inevitable actual loss payment exceeds the insured value,in-depth research on the theory and practice.The third chapter is the research on the determination of total loss of cargo pirates.In the shipping process,the ship may be attacked by pirates hijacked cargo resulting.This chapter first discusses the hijacked cargo behavior and the contemporary development;then the pirates hijacked cargo behavior can identify the specific analysis of constructive total loss,through the research of representative of modern pirates in Somalia,West Africa and Southeast Asian pirates hijacked cargo behavior,analysis of the hijacked cargo can be identified as a constructive total loss.The fourth chapter is the research range of loss of goods in a constructive total loss.There is a constructive total loss of a special type of English common law,the loss caused by loss of voyage.For our country by the British marine insurance law effect,whether it can be suitable for the particular type of cargo loss.This chapter first analyzes the types of the background and application characteristics;then discuss influence on our voyage loss principle,through the study of the relevant provisions and judicial cases,analysis of our country is recognized this form of constructive total loss.The fifth chapter is the research on the problem of goods insurance abandonment under constructive total loss.In a constructive total loss claim procedures,abandonment is an indispensable link.This chapter firstly studies the abandonment of the concept and legal nature;and then discusses the relationship between the abandonment and constructive total loss;finally the abandonment of the insurer and the insured's rights and obligations.The sixth chapter is the suggestions on the amendment of the law related goods loss.This chapter is on the basis of the foregoing,with China's actual situation,starting from the two aspects of loss and abandonment,put forward some suggestions on constructive total loss identification and insurance abandonment.