| There are two major problems in the judicial practice of the legal application of the contracts of international marine insurance,one is the excessive application of the lex fori and the other is the less protection of the rights and interests of the weak party.This study argues that there is a need to change the tendency of lex fori in the application of international marine insurance contracts and appropriately increase the applicable rules for the protection of the interests of the weak party.Chapter 1 discusses the basic theory of the application of the law of international marine insurance contracts,including the determination of the foreignness of international marine insurance contracts and the principles related to the applicable law,and the elemental analysis method should be followed to determine whether the international marine insurance contracts are foreign-related.Chapter 2 analyzes the application of lex fori in international marine insurance contracts,especially when there is no agreement on the applicable law in the contract,the principle of closest connection leads to the application of lex fori more often,and too much application of lex fori may lead to obstacles to the recognition and enforcement of foreign-related judgments in international marine insurance contracts.Chapter 3 mainly discusses the protection of the rights and interests of the weak party in the international marine insurance contract,because the marine insurance practice mostly adopts the marine insurance contract provided by the insurer unilaterally,and the insurer has an advantageous position in the comparison of the strength of the two parties,and unilaterally chooses the applicable law in its favor,which leads to the restriction of the freedom of the insured to choose the law,and the loss of the insured’s interests in the applicable law is greatly increased.Therefore,the rules of applicable law for the protection of the rights and interests of the weak party should be increased.Chapter 4 analyzes the legislative proposals for the application of the law of marine insurance contract in China,especially among the latest Incoterms 2020,CIF and CIP terms have made new regulations on the applicable law rules of marine insurance contract.This study intends to construct new rules for the legal application of international marine insurance contracts,linking the protection of the rights and interests of the weak party and the principle of the closest connection.When both the Law on the Legal Application of Foreign-related Civil Relations and the Maritime Law are likely to modify the rules of the applicable law,the author believes that the rules for the legal application of international marine insurance contracts should be formulated separately on the basis of the provisions of Article 269 of the Maritime Law,which is more in line with the efficiency value of the legal application. |
