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A Study On The Theory Of Open Cover

Posted on:2019-12-01Degree:MasterType:Thesis
Country:ChinaCandidate:X Y HanFull Text:PDF
GTID:2416330566474748Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of the export-oriented economy,the transport of large quantities of goods is becoming more and more common,and the corresponding demand for cargo insurance systems is increasing.The application of the marine open cover has improved the cumbersome procedures for bulk goods insured and has been continuously applied.But,The provisions of <Maritime Code of the People's Republic of China> for the open cover are limited only to the issuance of an open policy,the issuance of voyage policy and the notice of goods shipment and arrival.In order to further complete the open cover system and theoretical content,so as to meet the needs of China's booming insurance industry,under the premise of comprehensive investigation of the British <Marine Insurance Act 1906>,<The Insurance Act 2015> and the development of legislative theory in recent years,used the concept of the maritime open cover as a collective concept to divide it into facultative,obligatory,and facultative/obligatory open cover.They are discussed separately in the article.Based on this,it discusses the principles involved in the judicial practice of the maritime open cover,including the relationship between the open cover and the voyage insurance contract,the declaration obligation of the insured,etc.And meanwhile it puts forward its own views on the perfection of maritime code of China.Land open cover has become an important guarantee for land cargo transport,with the marine open cover developing rapidly.However,the theoretical research on land open cover has not been fully developed,and the legal and theoretical problems existing in judicial practice need to be solved urgently.After studying the applicable conditions of the marine open cover,it puts forward the rules of the maritime open cover,which is applicable to the land open cover,summarizing experience in recognition of the agreed application.,furthermore,the rules are regulated by judicial interpretation to promote the open cover gets with the development of modern economy,and realizes its efficient and convenient practical value.
Keywords/Search Tags:open cover, voyage insurance contract, declaration obligatory, land open cover
PDF Full Text Request
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