Research On Issues Of Joint-Insurance Under Bareboat Charter Party

Regarding the question of insurer's subrogation in joint insurance of ships under bareboat charter party,there are different views exist in judicial practice and theoretical circles.One of the three major controversies in The "Ocean Victory" case is the issue of subrogation in joint insurance of ships under bareboat charter party.By analyzing article 12 of the BARECON(1989),the British Supreme Court rejected the claim of insurer,which was beyond the expectations of the drafter of the BARECON(1989).Then,BIMCO amended the insurance clauses of BARECON(1989)to clarify the rights of the shipowner and insurer to recover the losses which has insured from charterer.This article takes the views of the British Supreme Court as reflected in The "Ocean Victory" case and the parties' consensus as reflected in the amendment to Article 12 of the BARECON(2017)as a starting point.And this article systematically analyzes the application of insurable interest in joint insurance under bareboat charter party,the exercise of subrogation claims and insurable liability defense etc,to improve the system of joint insurance under bareboat charter party,and provide theoretical guidance for the practice of ship insurance.The full text is divided into three parts:introduction,main text and conclusion.The main text includes four chapters:Chapter ? outlines the basic issues of joint insurance under bareboat charter party,mainly explaining the scope,characteristics and related laws at domestic and abroad.Firstly,explaining the concept of joint insurance,the similarities and differences about joint insurance,composite insurance and co-insurance and the conversion of composite insurance to joint insurance are emphasized.Secondly,discussing the characteristics of joint insurance under bareboat charter party in three aspects:object,subject and nature.Finally,on the basis of the general theory of joint insurance under bareboat charter party,analyzing the relevant laws in the UK,Norway and China.Chapter ? studies the insurable interest involved in joint insurance under bareboat charter party.The first section of this chapter analyzes the difficulties in ascertaining the insurable interest,and then proposes corresponding solutions.The second section analyzes the source of the insurable interest,the issue of static relations and dynamic transfers with the insurable interest of assureds.Chapter ? studies the exercise of the subrogation in joint insurance under bareboat charter party.The first section is about the determination of the insurer's subrogation,mainly to clarify the source and scope of subrogation.The second section demonstrates the challenges of the insurer's subrogation from three aspects:the intent of joint insurance,implied terms,and circular lawsuits.In the third section,the law's inherent logic theory,possession theory,dual compensation theory and the principle of"adverse interest" interpretation are presented to demonstrate the justification of insurer's subrogation in joint insurance under bareboat charter party.Chapter ? analyzes the issue of liability defense among the parties in joint insurance under bareboat charter party.This chapter is divided into two sections:the first section discusses the issue of liability defense between the insurer and the joint insured from the perspective of the joint insurance contract;the second section mainly analyzes the issue of liability defense between the insurer and the illegal behavior subjects.