Research On The Seaworthiness Of Ships In Marine Insuranc

The seaworthiness of ship is a relatively common dispute in cases of marine insurance accident compensation.We can comprehensively improve our country’s regulations by analyzing the relevant systems in the UK and the US.In our country,the unseaworthiness of ships has been regulated as an exclusionary liability system,which is different from the implied warranty system in the UK and the US.By comparing and analyzing the overall development trend of international legislation and judiciary,as well as our country’s related legal theories,it can be found that the excluded liability system is reasonable and should continue to be applied.It should also be applied to marine cargo transportation insurance to make up for the current situation that there is a legislative gap in this issue.However,the current regulations on this system in our country are too simple,which leads to the situation of different judgments in the similar cases in judicial practice.Therefore,further specific refinement is required.In order to improve the ship seaworthiness system in marine insurance,after expounding and researching the basic concept of ship seaworthiness in marine insurance,and pointing out the important significance of seaworthiness in the field of marine insurance,the paper specifically studies and analyzes the current situation of legislation and judicial situation of ship seaworthiness system in marine insurance in our country.Due to the late start of the legislation and judicial status of the navigation system,the current provisions for this system in the Maritime Law are not perfect.Therefore,it is necessary to summarize the current problems based on the status quo.Then,taking into account the leading position of the British and American countries in the field of marine insurance law,it is necessary to conduct a comprehensive analysis of their specific regulations.Through the study,it can be found that the British and American countries define the time for the start of the voyage,the establishment of the principle of staged seaworthiness,and the criteria for determining causality are all worthy of reference for our country.Finally,on the basis of learning from overseas experience,combined with the actual situation of our country,some improved suggestions are put forward for the construction of this system in our country.Clarify the standard for defining the time when the voyage begins;establish the principle of staged seaworthiness to ensure that the ship can reach the corresponding seaworthy state at each stage and avoid improper increase of the insured’s liability;supplement the principle of proximate cause in the insurance law and judicial interpretation,issue guiding cases.By judging whether a certain cause is the direct and decisive cause of the loss,to determine the causal relationship between the unseaworthiness of the ship and the loss,effectively balancing the interests of the insurer and the insured,in order to promote the development of our country’s maritime trade and insurance industry.