The Duty Of Disclosure On The Insured In Marine Insurance And Reforming Tendency

The duty of disclosure on the insured formed in the 18th century, is one of the oldest system in the area of marine insurance. At the beginning of the 1980's, with the rapid development of marine insurance industry, there are a lot of new changes in the relevant provision of the world's major shipping markets, such as Britain, the United States, Australia, Norway, Germany and other countries and regions, given this traditional system of new life. Comite Maritime International, the European Economic and Social Committee and other international organizations make positive efforts to promote the international coordination and unification of legislation of marine insurance contracts. This thesis will focus on how to build a scientific and rational systems of duty of disclosure on the assured in marine insurance, complying with the international trend of changes in the legislation.This thesis use the methodology of comparative law, law and economics analysis and etc, to discuss the rational cores of this system, inquiring reasonable way to improving the regulations of our country.This thesis composes of the introduction, body text and conclusions. Main text is organized as follows:Chapter 1, the Summary of Duty of Disclosure on the Assured in Marine Insurance, focuses on the concept and legal nature of duty of disclosure, and grasps the legislative reform and the status quo of representative countries in two legal systems.Chapter 2 and Chapter 3, respectively focus on the performing standards and legal consequences of duty of disclosure on the assured, discuss the improvement of the world's major shipping market countries and regions, and prove its cause and rationality. Chapter 4 discuss the legislature and the judicial practice of duty of disclosure on the assured in China, expounds the way to perfect the relevant systems in light of the new judicial interpretation and the reasonable regulations of other countries.Chapter 5 summed up value idea and reforming tendency of duty of disclosure on assured in marine insurance, and make comprehensive analysis of reasonable provisions of relevant system in our country.