On The Coordination And Unification Of My Country's Marine Insurance Disclosure Obligation Rules And General Insurance Disclosure Obligation Rules

Marine insurance is known as the "mother of insurance" and has a unique historical position in the development of the insurance industry worldwide.According to the different risks that the insured subject may experience,China's notification obligation rule system is divided into two parts: marine insurance notification obligation rules and general insurance notification obligations rules.China's marine insurance is included in the scope of the "Maritime Law".And the rules stipulates the marine insurance notification obligation in the Chapter 12 of "Maritime Law" draws more on the British 1906 Marine Insurance Act("Marine Insurance Act 1906" hereinafter referred to as MIA1906),which stipulates that marine insurance insured persons have a strict notification obligation and tend to protect the interests of insurers.These special regulations,which are different from the general insurance notification obligation rules,are consistent with the historical background of the high risk of maritime voyages at that time.This article believes that the purpose of the marine insurance notification obligation rules and the general insurance notification obligation rules are the same,and both are the least expensive Information cost solves the problem of information asymmetry between the insurer and the insured or the insured,ensuring the orderly operation and active development of the insurance market.On the other hand,there is the same legal theory based on the "principle of maximum integrity" between the two and the trend of balancing the interests of legislation that tends to protect the rights of the insured or the insured,these three parts together constitute the theoretical basis for the coordination and unification of the rules of the insurance notification obligation.On this basis,the two sets of rules will discuss the differences between the two sets of rules in terms of the notification obligor,the notification method and scope,and the consequences of breaching the notification obligation.The coordination and unification of the marine insurance notification system and the general insurance notification system are discussed.Discuss the possibility and explore the current situation of continuous convergence between the marine insurance notification obligation rules and the general insurance notification obligation rules.Finally,it is concluded that although the special provisions of the marine insurance notification obligation are reasonable in the manner of fulfilling the notification obligation,they are specific The system conception and value orientation need to change from the obligation of proactive notification to the obligation of inquiring notification;the necessity of differences in legal consequences has disappeared,and a unified stipulation is needed,and a theoretical system conception is proposed based on this conclusion.