The Research On The Insurable Interest Of Carrier Insuring Ocean Marine Cargo Insurance

Carrier insuring ocean marine cargo insurance has become a common phenomenon in insurance business practice.When dealing with cargo transportation insurance disputes,the focus of these disputes concentrates on a core dispute that whether the carrier has the insurable interest on the cargo-carried.At present,the principle of statutory insurable interest adopted in China negates the carrier's insurable interest on the cargo,which is in conflict with the insurance business practice and restricting the function of insurance.Under the new situation of the development of international insurance law,it is important to accept the principle of economic insurable interest to recognize the carrier's insurable interest on the cargo-carried,and it could have important implications for shipping industry and the insurance industry.This dissertation uses empirical analysis,comparative analysis,historical analysis,case analysis to demonstrate the legitimacy and feasibility of the carrier's insurable interest on the cargo-carried,and on this basis,to achieve the purpose that establish theoretical system of insurable interest of carrier insuring ocean marine cargo insurance.The dissertation has introduction,content of four chapters and conclusions as follows:The first chapter analyzes the carrier's actual demand for insuring ocean marine cargo insurance,and sums up two typical applicant modes of carriers insuring ocean marine cargo insurance,also examines the relevant theories of insurable interest.Compares and analyzes the legal norms at various levels and the similarities and differences of different trial practices on this issue,and explains the controversy over the insurable interest in carrier insuring ocean marine cargo insurance in the institutional level and insurance practices.The second chapter makes diachronic analysis about theoretical theory of carrier's insurable interest on the cargo-carried in different historical periods in the Anglo-American law system and Continental law system,and studies the legislative trend of the broad meaning of insurable interest reflected by the two major legal systems.At the same time,the dissertation discusses the relevant theories of the carrier's insurable interest on the cargo-carried.It demonstrates that China should abandon the principle of statutory insurable interest and change the principle of economic insurable interest to determine the necessary reason for the carrier insuring ocean marine cargo insurance.The third chapter is based on the carrier has the insurable interest on the cargo-carried,studying the problem of double insurance and the subrogation in the view of insurable interest.Analyzes the responsibility sharing methods of double insurance from the perspective of the legislation and insurance practice.Describes the abandonment of insurance in the case of carrier insuring ocean marine cargo insurance,analyzes clause of abandonment in response to the needs of insurance practice.The fourth chapter studies the legislative perfection of the Insurance Law and the Maritime Law about the principle of economic insurable interest principle applying to carrier insuring ocean marine cargo insurance,discusses the complete insurable interest system including the public order and fine custom,imperative rules of law,the share the burden of proof rule and the truthfully informing obligation of the insurance applicant and insurer.Based on this,analyzes carrier and the insurer's countermeasure at the level of shipping practice,building the risk protection system of the parties to insurance activities within the current legal framework.