Research On Legal Issues Of Insurers Of Compulsory Liability Insurance For Ship Oil Pollution

Compulsory liability insurance or financial guarantee for ship oil pollution is a risk-sharing method that must be carried out by ship owners in the operation of cargo oil according to Chinese domestic laws and international conventions to which China participates.Due to the increasing development of maritime transportation and the imperfection of the translation of international conventions into domestic law for application,there are great disputes over the nature and form of the insurer’s liability under compulsory liability insurance for ship oil pollution.Although previous scholars have conducted research on the issue of the third-party’s right of direct action against the insurer,these studies are mostly limited to the scope of this special system.There is a lack of research on the shipowner’s limited right to choose the form of insurance and the insured subject,which in turn leads to differences in the types of insurers,resulting in differences in the order of liability and the form of liability of insurers under the third-party’s right of direct action against the insurer,and the insurer’s relationship with litigation procedures.This thesis starts with the purpose of establishing compulsory liability insurance for ship oil pollution,and then discusses the third-party’s right of direct action against the insurer based on the provisions of international conventions and domestic and foreign laws,and reviews the nature and existing problems of relevant provisions in current laws and regulations,and then researches the change of the insurer’s existing liability order and liability assumption method by the third-party’s right of direct action against the insurer,as well as the impact of different insurers on the legal relationship and legal application of the litigants,and combs theories and conventions to sort out the rights and obligations owned by the insurer in relation to litigation and compensation procedures.The first chapter of this thesis is introduced by liability insurance and its types,and then discusses the "double-sided compulsory" of compulsory liability insurance,and puts forward suggestions on the civil law status,litigation status and applicable law of the shipowners’ mutual insurance association according to the nature of the P&I Club in the civil law.The second chapter of this thesis introduces the content of the third-party’s right of direct action against the insurer contained in international conventions and foreign laws,and analyzes the nature of the rights granted to the third party to the insurer by Chinese Insurance Law,and analyzes the litigation status of the insured and the insurer under Chinese law.The third chapter focuses on the impact of the third-party’s right of direct action against the insurer on the insurer’s liability,and briefly introduces the different theories on the nature of the third-party direct action and its impact on the effectiveness of the "prepayment clause" of P&I Club.By analyzing the change of the insurer and the insured’s litigation status by the third-party’s right of direct action against the insurer,it explores the form of the insurer and the insured’s due liability.The fourth chapter focuses on the analysis of the rights and obligations of the insurer related to the litigation procedure between the third party and the insurer.Through the extension of the insurer’s theory of "control of reconciliation and defense",it explains the development direction of the insurer’s right to participate,the bidirectionality of the rights and obligations of the insurer’s defense behavior,and excluded liability of the insurer.By distinguishing liability for collision of ships and liability for oil pollution,it defines the nature and object of the insurer’s right of recourse.