Norway, Britain, China Maritime Insurance Law, Comparative Study

Since January 1st, 1997, Norwegian Marine Insurance Plan of 1996 will take place of Norwegian Marine Insurance Plan of 1964 Just like Institute Marine Insurance Clauses of England, Norwegian Marine Insurance Plan not only take part in Norwegian marine insurance practice ,but also take great affect on the marine insurance clauses of Scandinavia countries .especially Finland and Sweden ,in the past 130 years.Norwegian Marine Insurance Plan of 1996 deeply mirrors the development of shipping industry and the great changes of shipping market. Many of its articles are brand new and more practicable .And it represents the developing trend of marine insurance legislation. Considering china also belongs to Civilian law countries, it's necessary to study Norwegian Marine Insurance Plan of 1996 before revising China Marine Code.The author of this dissertation only chose three topics in the first part of Norwegian Marine Insurance Plan of 1996 to make detail discussion They are Causation , Duty of disclosure and Alteration of the risk These three topics are of great importance in marine insurance, but there are so many disputes on them and they are different in every countries' legislation without international convention .So it's necessary to study these three topics by comparing with marine insurance law in England and China.Causation is the key to establish responsibility of insurer , so it's important in insurance law . The author of this dissertation first introduces the history of causation in Norwegian marine insurance law and then analysis the starting point of causation and the characteristic apportion system in the Norwegian Marine Insurance Plan of 1996.After comparing with the Causa Proxima in the Britain's marine insurance law , the author of this dissertation thought that apportion system is a compromised choice and it represents the developing trend of causation .Although apportion system is highly praised by experts .many countries find it hard to put it into legislation because of its unfixing nature. However, Norwegian Marine Insurance Plan of 1996 tries to perfect it with special legislation technology and achieves great success. On the other hand .there are no definition or any articles relating to causation in our Insurance Law or Marine Code .So, the author of this dissertation put forward that we should put causation into legislation and adopt apportionsystem of Norwegian Marine Insurance Plan of 1996 at proper time.Duty of disclosure is regulated in insurance law of every country , it makes the important part of utmost good faith in common law countries and a separate part in Civilian law countries, but they are of the same connotation in both law families . In the second chapter of this dissertation, the author first introduces the basic content of duty of disclosure in the Norwegian Marine Insurance Plan of 1996, then .devotes in three topics which are criterion of duty of disclosure , attitude of the person effecting the insurance , and the varieties of duty violation and sanction measures .After making comparative with marine insurance law in England and China , the author thought that the regulation of duty of disclosure in Norwegian Marine Insurance Plan of 1996 is very perfect and equitable as it mitigates the stern nature of duty of disclosure for the assured , and balances the interest between insurer and assured .Alteration of risk is a concept only existing in Civilian law countries ,in common law countries , such as England .there is no this concept .However, the factors contained in the regulation of alteration of risk in Norwegian Marine Insurance Plan of 1996 also existing in marine insurance law of England through warranty , held covered clauses and navigation clauses. There is also duty of notification when risk is increasing in China Insurance Law , but no such concept in China Marine Code , so it's still of great significance to discuss this topic . In the third chapter of this dissertation ,the author first introduces the regulation of alteration of risk in Norwegian Marine Insurance Plan of 1996 ,then makes comparative with corresponding articles in marine insurance law of England and China The author believe that the warranty is more harsh and the held covered clause , the navigation clause and the regulation in China Insurance Law are not perfect .Contrarily, Norwegian Marine Insurance Plan of 1996 use perfect legislating skills to regulate the alteration of risk and it well balances the interest between insurer and assured .So It is adoptable.Finally, the author of this dissertation put forward immature suggestions on China's legislation on causation , duty of disclosure and alteration of risk with the study of Norwegian Marine Insurance Plan of 1996.