Legal Research On Contract Of P & I

A contract of P & I is the contract which the ship owner, operator, or charterer insures potential liability risks arising from his ships to a P & I Club. As an important part of marine insurance contract, it is certainly associated, however, has many striking differences with the former. Therefore, it is very essential to specially research and legally analyze such contract.Though the appearance of P & I insurance changes, to some degree, the traditional structure much more, it delivers a series of new problems to current legislation of marine insurance, such as legal status of P & I Club, inner and outer relationship of P & I Club and direct action against P & I Club, etc. Present laws or rules are inadequate to deal with such matters. With increasing of the status of P & I insurance, improvement of international mandatory liability insurance legislation and intenseness of conflicts between Club and its members, there is a realistic demand-adding related stipulations on contract of P & I into the marine insurance legislation.The history of P & I insurance in China is not so long, but it develops rapidly. This requires us not only to clearly know what's the circumstances of P & I insurance in other countries, but also to accurately value the status quo, unsettled problems and further development in China.Considering the insufficiency of research on P & I insurance in China, The author attempted to legally discuss the contract of P & I as a whole and pointed out the misunderstanding of some viewpoints on P & I insurance as well. Based on elaborating, evaluating and comparatively analyzing Formation, Legal Relationship and Legal Character of P & I Contract, Assignment, Renewal, Termination and its Legal Consequence of P & I Contract, Claims and Settlement of Claims of P & I Contract, Settlement of Disputes Between P & I Club and its Members and Impediments, Status Quo of P & I Contract inChina and P & I Insurance's Influence on Marine Insurance Legislation, etc., the author put forward the suggestion on modifying the present marine insurance legislation in China, adding the part of related clauses on P & I Contract. Furthermore, the author designed the legislative model and contents.Ren Tian-gan (International Law Science) Directed by Professor Yu Shi-cheng...