Study On The Legal Status Of The Beneficiary In Hull Insurance

In recent years,it has not been uncommon for beneficiaries to be agreed upon in marine insurance,especially in hull insurance.However,there is no direct provision for beneficiaries of hull insurance in China’s current legislation.According to publicly available judicial documents,the legal status of the beneficiaries of hull insurance in these agreements is not consistent in actual judgments.The reason for this is that China only explicitly stipulates the legal status of beneficiaries of life insurance in the Insurance Law of the People’s Republic of China,while insurance legislation,including maritime insurance legislation,does not provide for the legal status of beneficiaries outside the scope of life insurance,which inevitably leads to differences in court judgments in different cases.In the field of academic research,there is a limited number of literature specifically focused on the beneficiaries of hull insurance,and there are significant differences in viewpoints.There is currently no consensus on whether to allow the beneficiaries to be agreed upon in marine insurance contracts,and what legal status should be granted to them in law.Given the increasingly common situation of agreeing beneficiaries in marine insurance,clarifying their legal status and subsequently determining their rights and obligations is undoubtedly an extremely important issue in marine insurance.Therefore,the article intends to conduct research on this issue in order to clarify relevant issues and benefit maritime justice and even marine insurance legislation.The agreement between the parties regarding the beneficiaries of hull insurance does not violate the principle of contractual autonomy,and it should be affirmed that this agreement has legal effect.From the perspective of the conceptual elements of the term “beneficiary”,the subject referred to by the term “hull insurance beneficiary” used by the parties in the contract agreement is the beneficiary in the sense of insurance law.However,due to the vague positioning of the beneficiaries of hull insurance in the operation of the law due to legislative gaps and conflicting judicial judgments,their legal status needs to be further clarified.Research on the legal status of beneficiaries of hull insurance often attempts to find borrowed support in other existing legal systems,interpreting the agreements between the parties regarding the beneficiaries of hull insurance separately.However,the borrowing of other systems cannot allow the beneficiaries of hull insurance to freely realize their rights in the event of an insurance accident.We aim to clarify the legal status of beneficiaries of hull insurance,The fundamental research approach is to confront the necessity of breaking through the scope limitations of the insurance beneficiary system.The particularity of marine insurance and the experience of countries and regions that have established a beneficiary system for marine insurance provide feasibility for hull insurance to break through the scope limitations of the insurance beneficiary system.Clarifying the legal status of hull insurance beneficiaries should also deeply analyze the specific composition of the legal status of hull insurance beneficiaries,including the emergence and external effectiveness of hull insurance beneficiaries The scope of insurance claims enjoyed by hull insurance beneficiaries and the conditions for exercising insurance claims,as well as the obligations that hull insurance beneficiaries should bear,have formed a specialized study with long-term value for the legal status of hull insurance beneficiaries.This provides a reference for hull insurance beneficiaries to obtain a clear legal status in China’s future maritime insurance legislation and solve a series of problems caused by unclear legal status of hull insurance beneficiaries.