On Inform Obligation Of Contract Of Marine Insurance

The obligation to informThe obligation to inform is an important system in the marine insurance law.It aims to require both parties involved in the insurance contract to disclose the information so that the policyholder bears the least risk.The insurer does the best security measures and strives to maximize the benefits..We think about this matter from another angle.When the insurance contract is concluded,the marine insurance law requires the informant to inform the other party of the true information in good faith.However,in practice,this is not what we hoped to happen.Many insurers will cancel the contract because the insurer's obligation to disclose the information has not been fully disclosed,and the termination of the contract will also indicate that the insurer will not bear the responsibility of the previous insured accident.In the same way,the subject of the obligation to inform will deliberately conceal important information because of its own advantages in understanding the target information.We use these two issues as the main line to analyze the article.China's “Maritime Law” has been promulgated for more than 20 years now,and the relevant provisions on the marine insurance obligation have not been specifically stipulated.This leads to the fact that existing laws and regulations are not reasonable in practice.Resolving related issues in a timely manner can only be solved by reference to other departmental laws.For example,what type of necessary information should the applicant disclose? What is the "important condition" ? Does the insurer have the obligation to remind the applicant? What kind of subject is sufficient to fulfill the obligation of the obligation? The real realization of the real fair value pursuit of both sides of the contract requires us to further analyze.The text is divided into four parts:The first chapter is a beginning part of the whole chapter.This part analyzes in detail the research value and background of the topic,and also introduces the author's ideas and innovations when writing articles.The second chapter analyzes and introduces the basic theory of the obligation to inform,starts with the basic concept,introduces the legal status of the obligation in detail,and puts forward the author's own point of view through the introduction of several doctrines of theobligation to inform.The obligation analysis provides the theoretical basis.This chapter also deals with the issue of the performance of the obligation to inform,and analyzes the provisions of our country's laws.Each section introduces the relevant provisions of other countries and regions.Even if no comparison with foreign countries is shown in the title,the articles are Each relevant provision has been compared and a more reasonable legal provision has been drawn.This chapter from the concept to the implementation and then to the violation of the legal consequences,a more systematic interpretation of the relevant content of the article investigation,at the same time,according to the analysis of the article to explain the author's point of view of the amendment.The third chapter mainly introduces the influence of the obligation to inform the traditional marine insurance contract under the new international rules,especially the provisions of the Rotterdam Rules on the obligation of disclosure.Through the analysis of the specific content,we conclude that China's in the international convention Enlightenment,in the context of the three international conventions,how to better improve the system of notification obligations,and thus safeguard the legitimate rights and interests of parties to marine insurance contracts.The fourth chapter outlines the legislative status quo and amendment proposals for China's marine insurance disclosure obligation.This section is divided into three parts to explain.The first section briefly introduces the current status of China's marine insurance law disclosure obligation system,and The second section introduces the shortcomings in China's marine insurance law system in three aspects;the third part is targeted specifically to improve the three aspects in the second section of the proposed improvement.