Study On The Assignment Of Contract Of Marine Insurance For The Carriage Of Goods By Sea

In the international trade and commerce,the assignment of the contract of carriage of goods by sea is frequent.The liquidity of the goods in transport is strong,and from shipment to destination,the ownership of the goods may be changed hands for several times,which must lead to the assignment of the insurance contract whose subject matter insured is the goods.The Article 229 of the Maritime Code of the People's Republic of China(hereinafter referred to as "CMC")provided that:"A contract of marine insurance for the carriage of goods by sea may be assigned by the insured by endorsement or otherwise,and the rights and obligation under the contract are assigned accordingly.The insured and the assignee shall be jointly and severally liable for the payment of the premium if such premium remains unpaid up to the time of the assignment of the contract." However,there remain some non-negligible problems in this article.First of all,the word "endorsement" should be used in documents,rather than in contract,can we speculate that the CMC sees the transfer of insurance contract of carriage of goods by sea and the transfer of insurance policy as a peer?And there exists a phenomenon in practice that the insurance policy is always confused with the insurance contract.To solve these problems better,we should clarify the relationship between insurance policy or other insurance documents and insurance contract.Second,according to the law,the insurer's consent to assignment of insurance contract is unnecessary,but there is no definite answer for the substantial requirements of assignment of insurance contract,for example,whether the insured should have insurance interest in the subject matter insured,and what is the relationship between the assignment of insurance contract and the assignment of subject matter insured.And these conditions are important for a valid assignment of insurance contract.Finally,the CMC and the Insurance Law of the People's Republic of China(hereinafter referred to as "Insurance Law")has no stipulation on the content and legal consequences of the assignment of contract of marine insurance for the carriage of goods by sea,especially the problem that which have priority when the insurance policy differs from the insurance contract.The first part of this article will introduce the legislation on the assignment of marine insurance contract,and find the problems that exist in the legislation.The second part analyze the relationship between insurance policy?insurance application and insurance contract.The insurance policy and the insurance application are the components of an insurance contract,but how to deal when these two documents record differently?This article will clarify the insurance policy?insurance application or other documents and insurance contract in the base of relevant legal provisions.The next part discusses the particularity of the contract of marine insurance for the carriage of goods by sea?the nature of the assignment?the procedural requirements?the substantial requirements and the time requirements of the assignment.The final part will compare the insurance policy and contract of marine insurance for carriage of goods by sea with the bill of lading and the contract for carriage of goods by sea,especially the relationship between the carrier and the holder of the bill of lading.Of course,the comparison is based on the similarity between insurance policy and bill of lading.And the specific scope of the rights and obligations that assigned along with the contract of marine insurance will be discussed,especially who shall prevail when the insurance policy does not consistent with the insurance contract.Besides,this part discusses the legal consequences between the assignee?the insurer and the insured.