Study On Several Legal Issues Related To Warranty In Marine Insurance

The thesis is a trial study on several legal issues of warranty in the marine insurance.Originated from the Britain's marine insurance practice, the legal institution of warranty is going through deeply development after centuries; its content is enriched constantly, and has formed very complete system. Our country maritime law has transplanted Britain's concept of warranty in chapter 12 " contract of marine insurance ". However, this transplantation is so incomplete, and the domestic scholars studied deeply on this legal institution are very rare. Due to those actualities, warranty in our legal system has basseted with difficulties in the actual operation. Began with the relevant legislations and cases of a number of countries especially Britain, combined the regulations of the maritime law of our country, The thesis explained in details some legal issues of warranty, such as the concept of warranty, the evolution and classification of warranty, express warranty and implied warranty. Hope for outline the theory frame of this legal institution, offer certain reference value for judicial practice and a few of suggestion for perfecting the relevant legislation of our country.The thesis is divided into five parts. Chapter one is the outline of warranty, including three sections, discussed respectively that the concept, the evolution, the nature and characteristics, the classification of warranty and the differences between warranty and some relevant legal concepts such as disclosure, condition and exclusion clause.Chapter two expounded the legal issues concerning express warranty, regards the construction of express warranty as the centre and is divided into two sections. Section one is on construction of express warranty, including the necessity and principles of construction. In marine insurance practice the express warranties is widely used, and is apt to cause disputes, the focus of the disputes often lies in whether there has a express warranty in the marine insurance contract and if there has one, what meaning it has expressed. The discussion in this section has certain reference value for marine insurance practice. Section introduced a number of typical express warranties which is extensively used in marine insurance markets,and analyzed the relevant legal principle in detail.Chapter three discussed relevant legal issues of implied warranty, including three sections. Section one is on the implied warranty of seaworthiness, which performed an extremely important role in all implied warranty. This section discussed separately that the definition of seaworthiness and the use of implied warranty of seaworthiness in varies policy such as voyage insurance policy, time insurance policy and mixed insurance policy. Section two is on the implied warranty of legality. Section three is on the implied warranty of cargo worthiness.Chapter four discussed the trend of warranty reform, and offers some suggestions to perfecting the legal institution of warranty in our country. Due to the rapid development of the modern science and technology, and the great changes of the society, there have emerged some new trends of the development of warranty, the voice of reform the institution of warranty in order to adapt to the changed practice of marine insurance and shipping industry is higher and higher. This chapter started with the inherent motive which drove the reform of warranty, reviewed the development of warranty in various countries. Analyzed the incompletion and imperfect of the warranty in our maritime law and offered some suggestion of perfecting this legal institution.