Improper Packing Under Marine Insurance For The Carriage Of Goods By Sea

This paper takes article 243(3)of Maritime Code of The People's Republic of China,the exclusion clause of PICC Property and Casualty Company Limited Ocean Marine Cargo Clauses(2009)and article 4 paragraph 3 of Institute Cargo Clauses(A)(2009),"insufficiency or unsuitability of packing "as the main research object.Analyze the function of packaging,the causal relationship between packaging behavior and cargo damage,the nature of containers and the packaging of bare goods,under the marine insurance law and insurance contract,to determine the packaging and improper packaging meaning,the occupy standards and extension and legal effect of improper packaging,especially the obligations between the insurers and other parties.Summed up a matter of improper packaging of exclusions in our country and offered some proposals.The full text is divided into four chapters.The first chapter is an overview of transport packaging,mainly introduce the definitions of transport packaging in different countries,clearly illustrate the function of packaging and major causes of improper packaging.The purpose is to emphasize that the content of the study is the transport of goods rather than commodity packaging or other types of packaging;the chapter belongs to the technical description and rises the packaging from technical level to legal level,is the basis for the following chapters.The second chapter is the key chapter of this article.To determine the meaning and standard of improper packaging by analyzing the insurance clauses of chapter ? of Maritime Code of The People's Republic of China,PICC Property and Casualty Company Limited Ocean Marine Cargo Clauses(2009)and Institute Cargo Clauses(A)(2009 Edition);combining improper packaging provision with typical cases in insurance practice to explore improper packaging extensions,includes improper packing inside and outside the container,packaging signs and markings,as well as the banding/welding/stowing of large bare goods is not strong enough.The third chapter is the main chapter of this article.Under the marine insurance law and the insurance contract to discuss the legal effect of improper packaging exclusion clause.Making the specific analysis of the liabilities between the insurer and other parties according to the damage is caused by improper packaging only or with other reasons together.The fourth chapter is based on the above research results to summarize the existing problems of improper packaging exclusion clause between legal and practical field of our country,and put forward some suggestions;hoping to consummate insurance legislation and improve the practice in marine insurance of our country.