Research On The Reform Of Marine Insurance Guarantee System

The marine insurance warranty system is a means by which the insurer controls risks and restricts the insured.It originated in the United Kingdom and was determined in the Marine Insurance Act 1906.The system met the needs of the shipping market at that time and facilitate the development of the maritime insurance industry.Once it was created,it was learned and absorbed by the marine insurance laws of many countries.However,with the development of the times,some harsh and old-fashioned rules of the marine insurance warranty system have led to serious imbalances in value and have received many criticisms.Britain also reformed the marine insurance warranty system in Insurance Act 2015.Some countries that do not adopt a warranty system are mostly adopting the alteration of risk system to solve similar problems,of which Germany is a typical example.China’s marine insurance law adopts a warranty system,but the relevant provisions are very imperfect.In the judicial practice,the determination and application of warranty clauses in insurance contracts are also not unified.In this case,we should take the advantages of reforms in the Insurance Act 2015 and the German alteration of risk system to reform our country’s marine insurance warranty system.This article is divided into five chapters: The first chapter is an overview of the maritime insurance warranty system,which is based on the Marine Insurance Act1906 and provides a comprehensive introduction to the historical evolution,classification,characteristics and nature of the warranty system;The second chapter analyzes the necessity of reforming warranty system today,introduces the reform of the warranty system in practice before the legislative reform,and uses the Insurance Act 2015 as an example to introduce reforms in the legislation;The third chapter describes the relevant legislation in the civil law countries and uses the German law as an example to analyze the alteration of risk system and its advantages compared to the warranty system;The forth chapter describes the legal provisions of China’s marine insurance warranty system and the related commercial insurance clauses.Using case analysis method,the paper analyzes the identification and application of warranty clauses in China’s practice,and finally proposes ideas and suggestions for the reform of China’s marine insurance warranty system;The last chapter is the conclusion.