Study On Perfecting Warranty System Of Marine Insurance

The Maritime Insurance Warranty System was first established in the British Maritime Insurance Act of 1906(MIA1906).In article 33,the definition of guarantee in marine insurance is clearly defined,which is used for reference by most countries.At that time MIA 1906 not only influenced the Anglo-American law system countries also had an important impact on Continental law system countries.The U.S.marine insurance warranty system is based on the reference to MIA1906 and the corresponding national conditions.Because the states of the United States are federal states that do not have uniform rules on marine insurance guarantees,for example,some state laws cite criteria of causation and importance,insurers can only release insurance liability if certain conditions are met.Germany and Norway,as Continental law system countries,do not have a maritime insurance warranty system but they play a role in replacing the warranty system with a unique risk change system.The German risk change regime is provided for in the 1978 German Maritime Insurance Association Hull Insurance Clause,which distinguishes the risk change regime,dividing it into general and special provisions,which are specifically provided for in three cases,which apply only if they are not satisfied.Norway has special provisions on risk change regimes in the Norwegian Maritime Insurance Provisions of 1996,such as ship seaworthiness and safety rules,and the general provisions of the risk change regime in the Norwegian Maritime Insurance Programme.In formulating the Maritime Law,our legislators provided for the maritime insurance warranty in article 235,the clause provides for the insured's obligation to notify in writing and the consequences of a breach of the warranty,and the consequences of the breach of the warranty and it did not make detailed provisions on the warranty In practice,many problems are exposed in the practice application process because the provision is too simple.The Supreme People's Court makes supplementary provisions in the form of judicial interpretation in order to make up for the shortcomings of legislation and to address the problems that arise in practice,but the judicial practice cases show that the existing legislative provisions and judicial interpretations are still weak in solving maritime practice problems.At present,there are problems in China's maritime insurance warranty system mainly related to the following aspects: the definition of maritime insurance warranty is not clear,which not only limits the role of the warranty but also leads to the judicial practice of the assurance of the identification of the disunity,the long-term healthy development of China's shipping industry is extremely detrimental;The lack of clear and uniform criteria for the determination of the maritime insurance warranty clause leads to the inconsistency of the court's findings on the same or similar situations in judicial practice;The consequences of the breach of the marine insurance guarantee are not perfect,the insurer's right to terminate the contract lacks the theoretical foundation,the rights and obligations of the insurance revenant and the insured are not balanced,and the obligations of the insured far exceed the insured.With the revision of the Maritime Law being put on the agenda,the existence and waste of the insurance warranty system in the maritime insurance contract has also become the focus of discussion in the maritime law circle.The academic circles can be divided into three kinds of views,perfecting the maritime insurance warranty system,replacing the insurance guarantee system with other systems,other systems mainly refer to the risk change system,to eliminate the insurance warranty system at sea directly,and to occupy the majority of the academic circles with the view of perfecting the maritime insurance warranty system,which has become the mainstream view.In the context of the "Belt and Road" initiative and the strategy of building a maritime power,it is a general trend to improve China's maritime insurance warranty system.On this basis,it is suggested that China's maritime insurance guarantee system can be improved from the following points: clearly define the meaning of the maritime insurance warranty clearly define the criteria for the determination of the warranty clause,reasonably provide for the legal consequences of the violation of the maritime insurance warranty and balance the rights and obligations of the maritime insurer and the insured.