A Study On Warranties In Marine Insurance

Warranty is originated from English marine insurance. There are totally nine clauses in MIA 1906. In China, warranty is a peculiar regime of marine contract. But there is no definition for warranty in CMC and CIL. However, there is only one clause governing the result in case of breach of a marine warranty -Art. .235 of CMC. This careless omission is unsuitable for the importance of warranty in marine insurance, and also leads to some problem between marine insurance practice and judicial practice.By summarizing concerned regulations in English marine insurance law, American insurance law, German insurance law and Norway insurance law and with reference to common used marine insurance clauses, the author analyses the developing tendency of the warranty regime in present time. Also according to the marine insurance law and marine insurance clause existed, the author gives out some suggestions for the modification of warranty terms.The author holds that warranty should be kept in CMC, and furthermore we should give out a definition for it in CMC, but to the result of violating warranty, it should not have strict provisions. We should regulate the details of warranty in marine insurance clause instead of in CMC. And even in marine insurance clauses, in order to control the risks reasonably and balance the two parties of marine insurance contract, the subject of warranty should be controlled.