Study On The Legal Problems Of The Beneficiaries Clause Of Hull Insurance

The beneficiary clause in the hull insurance contract is with the deepening of shipping practice in our country,and the emerging clause appearing in the Hull insurance policy is the product of practice.However,the provisions on the beneficiary system in the current insurance law of our country exist only in the life insurance eontract,and the hull insuranee contract is a typical property insurance.Although there has been a great deal of controversy in the theoretical circle and judicial practice as to whether the beneficiaries also exist in the property insurance contract,there is still a negative attitude towards the view that there is a beneficiary system in the property insurance contract in the several amendments to the insurance law in our country.The difference of legislation and practice leads to the conflict injudicial practice.Therefore,the author intends to explore the legal issues existing in the beneficiary clauses in hull insurance and put forward his own suggestions in legislation and practice.The first part of this paper makes a brief statement on the beneficiary clause in the hull insurance contract.Firstly,the rationality of the beneficiary system existing in property insurance is expounded;Secondly,the basic content of the clause in practice is listed,and the provisions are briefly classified from the degree of detail agreed upon in the article;Thirdly,to explore the causes of this clause,the emergence of the terms of the beneficiary of hull insurance is mainly due to the special reasons such as ship financing,ship mortgage and ship operation mode,and an umbrella added by the third party in order to protect the realization of his rights and interests;Finally,it summarizes the controversial issues arising from the judicial practice of this clause.The second part focuses on the effectiveness and legal nature of the terms of the beneficiaries of hull insurance.Although China does not provide for the beneficiary system in property insurance,but by consulting a large number of judicial cases involving this clause,the author found that only a very few cases found that the provision was invalid;In theory,there are different viewpoints on the legal nature of this clause,such as "assignment of creditor's rights","principle protecting a third party contracts" and "contract for the benefit of third party",the author introduces and evaluates these three viewpoints,and then expounds how to define the legal nature of the clause and put forward his own views from different angles from jurisprudence to judicial decision.The third part of the author mainly discusses the rights of beneficiaries in the terms of the beneficiaries of hull insurance.A comparative argument is made through theory and adjudication cases as to whether the beneficiary enjoys the priority right of compensation,the right to a direct claim for payment,and the rights competing between the beneficiary and the mortgagee of the ship.Part ? The author analyzes the possible conflicts of rights between the beneficiaries and the insured in the hull insurance contract from various aspects and angles.For example,the hull insurance contract is dissolved,the insurer and the insured reach a settlement,the insured eliminates the relationship of rights and obligations between it and the beneficiary,etc.Finally,through the above discussion,the author tries to put forward his own opinions and suggestions in both practice and legislation.