Study On Perfecting Warranty System Of Marine Insurance

Warranty of Marine Insurance are described in chapter 12 of maritime law controversial system in Marine insurance contract.On the one hand,some Chinese laws and regulations about marine insurance warranty is less,only stipulated in violation of the Marine insurance warranty the legal consequences,the provisions of the lack of other aspects,so the marine insurance warranty system is not perfect;marine insurance practice in China,on the other hand,about the warranty terms of the contract and basic adopt international practices,maritime law and the marine insurance practice there is a disconnect between phenomenon,caused the judicial practice of marine insurance warranty legal applicability of fuzzy recognition.Based on two typical marine insurance dispute cases of the people’s court,the people’s court in the judicial practice on marine insurance warranty disputes,marine insurance warranty system is analyzed on the basis of confusion in the judicial application and its causes,based on the warranty system of insurance of our country marine legislation present situation and existing problems,and draw lessons from the latest marine insurance legislation trend on the warranty system,and puts forward,meaning from clear to ensure clear identification of warranty standard,clear three aspects,the legal consequence of violating warranty perfect warranty system of marine,in order to solve the confusion in judicial application.