An Analysis Of The Legal Issues Concerning The Right Of Direct Claim By Third Parties In Maritime Mandatory Liability Insurance

The development of the maritime industry is changing with each passing day.With the development of the maritime industry,compulsory liability insurance has also received more and more attention.Compulsory liability insurance,with its “mandatory”,has broken the principle of contract relativity inherent in the field of civil law and The impression of the principle of freedom of contract,but maritime accidents have occurred frequently in recent years,and often involve a large range,resulting in a lot of losses,the extent of the shipowner must carry out the insurance to be able to complete its responsibilities,so compulsory liability insurance increasingly shows its strong Vitality,and the right of direct request by third parties is the core of the compulsory liability insurance system.As a large shipping country,China should also closely follow the trend of international legislation and constantly improve the relevant contents of compulsory liability insurance and the right of direct request of third parties.This paper aims to analyze the rights of third parties in compulsory liability insurance and to integrate internationally relevant information.The legislation points out its current deficiencies.Based on the present and future prospects,it combines advanced foreign legislation to improve the right of direct claims of third parties in China's compulsory liability insurance.There are four parts in this paper: The first part is the summary of the right of direct request of the third party of the maritime compulsory liability insurance,the related concepts of the liability insurance and the compulsory liability insurance are defined,and the general issues of the direct right of the third party are supplemented.This includes defining the concept of the third party,clarifying that the third party's right to request is a breakthrough in the relativity of the contract,and analyzing the theoretical basis and the realistic basis of the third party's right of direct request;the second part is the direct The international legislation of the right to request and the problems existing in our country's legislation analyze the relevant provisions of international conventions and relevant foreign legislation on the right of direct request of third parties from a legislative perspective.On this basis,the current “insurance law” and“sea The current problems in the laws such as the Commercial Law and the Special Procedure for Maritime Litigation are analyzed one by one,aiming at perfecting the direct claims of third parties in China's compulsory liability insurance system by drawing on foreign advanced legislation;the third part is at sea.The implementation of the right of direct request of third parties for compulsory liability insurance,It mainly deals with the discussion of the effectiveness of the "payment in advance clause",the scope and manner of exercise of the right of direct request by a third party,the litigation status of the insurer and the insured,and other practical issues such as the insurer,the insured and the The balance of interests of the three parties stipulates the relevant rights of the insurer and determines the right of the insurer to have the right to defense,the right to recover the right to repayment in special circumstances,and the limitation of liability.The fourth part is the right of the third party to enforce compulsory liability insurance in China.To improve,first of all,in light of the deficiencies mentioned in the previous section,the relevant laws and regulations such as the “Insurance Law”,“Maritime Law” and “Special Procedure of Maritime Litigation” were improved from the legislative perspective,and at the same time,China's maritime compulsory liability insurance system design was perfected.From the limits of the insurer's liability,the promotion of compulsory liability insurance and the benefit balance of the Shipowner Mutual Assurance Association,the maritime compulsory liability insurance is gradually promoted,and the third party is given full rights to direct requests to promote the development of China's shipping industry.