On The Insurer's Explanation Obligation In Marine Insurance

In the disputes about contract of marine insurance,whether the insurer has fulfilled the obligation to explain is often one of the focus of the case.Regarding to how the marine insurer should perform the obligation of explanation,neither the academic nor the theoretical circles have not formed a unified view.In this context,this paper discusses the rationality of the application of the Insurance Law in the Marine insurer's obligation to explain,which is divided into five chapters.Chapter one,research on the causes of the Marine insurer's obligation to explain.This chapter expounds that our country has not made the special regulation about the Marine insurer's obligation to explain,as well as the insurance law makes the stricter request about the Marine insurer's explanation obligation than the contract law,leads this article's research content,namely the Marine insurer's explanation obligation.Chapter two,research on the insurer's obligation to explain in insurance law.At present,the explanation obligation of Marine insurer mainly applies the relevant provisions of insurance law in China.This chapter aims to analyze the strict explanation obligation of the insurer stipulated in insurance law,including its legislative basis and specific content.Chapter three,disputes over the reasonability of the application of the strict explanation obligation of insurance law in the maritime insurence.There are two main differences viewpoints in current academic circles,one view is that it's reasonable and the other view is that it's not,then this chapter puts forward the author's point of view,which thinks that the explanation obligation in insurance law should not be used in maritime insurance.Chapter four,the problems existing in the application of the strict explanation obligation of insurance law in the maritime insurence.This chapter,by citing cases,analyzes the different attitudes of the courts in China about the explanation obligations of Marine insurers,and summarizes the problems existing in the application of the strict explanation obligation of insurance law in the maritime insurence.Chapter five,the conception of perfecting the legislation about the Marine insurer's explanation obligation.Through summarizing and analyzing the different opinions about the application of the strict regulation of insurance law in the academic circle,and through combining with the problems arising from in practice,this chapter puts forward the conception of perfecting the legislation about the explanation obligations of Marine insurers in China.