Research On Legal Issues Of Marine Insurance Interest And Risk Burden

The possibility to obtain compensation and the effectiveness of contract all depend on the marine insurable interests, which as the special category different from the traditional ones, relates to the risk burden system together guiding the development of marine insurance industry. The parties can use maritime insurance contracts to solve the loss .Therefore it is not only beneficial to the buyers and sellers to protect their own rights and interests, but also to make sure that the principle of insurable interests is correctly applied and be useful for the future legislation.In the first part of the article, it has discussed the principle of insurable interest and the concept of risk burden , then analyzes the relationship between them, and draws the conclusion that it should follow the "real danger burden" rules. In the second part,through the discussion of a large number of cases, analyses the problems in identifying interests before the risk transfer under FOB\CFR\CIF contracts. Then combined with the current solution such as FOB\CFR pre-shipment clause& Lost or not Lost clause considering the defects of them. Besides, through CIF trade discussing the rationale of insurable contract assignments. The third part focuses on the mutual influence of different defaults. From the general provisions of the risk burden, compared to the"United Nations Convention on Contracts for the Sale of Goods" as well as the British"1906 Marine Insurance Law", "the Sale of Goods". The fourth part discusses the relevant provisions of China’s insurable interests and shortcomings in order to put forward some suggestions on the improvement of relevant legislation in the future.This paper does not confine the problem from a single point of view, through the comparative method, case analysis and any other methods to extract other countries which can be learned from to improve the relevant provisions of China.