Marine Insurance Act Integrity System Study

This dissertation mainly studies the doctrine of Uberrimae Fidei in the field of marine insurance law, which is firstly provided in the marine insurance law of the United Kingdom. First, the legal concept of the doctrine is explored.In the first chapter, the origins and developments of the doctrine of Uberrimae fidei in English law and the principle of Bona fide(faithfulness) in civil law are introduced. This party is deemed to be the basic theory which subsequent discussions should base on. By analyzing the similarities and differences between these two doctrines, some characteristics of them can be found.The next chapter gives detailed analysis and discussion on the functions of Uberrimae Fidei. By analyzing some fundamental cases on utmost good faith in British law, the author comes to the conclusion that the right of judicial law-marking is the most distinct function this principle has. With this right, the English judges continuously expand the insureds' duty of utmost good faith under a marine insurance contract. The author disagrees that this function can also be existing in civil law and operated by the judges of civil law. If the insureds break this rule 17 of MIA1906, a marine insurance contract is easily announced to be invalid by the insurers, no matter how slight the loss or hurt will be caused to the insurers. The author also argues that this rule is unfair to insurers and insureds and voiding contracts is not always an appropriate remedy for a breach of the uberrimae fidei duty.In the forth chapter the author focus on the possibility of transplantation the rule 17 of MIA1906 to China Maritime Law. He come to negative conclusion because this rule is inconsistent with china's existing provisions and not accordant with the tradition of legislation of continent law. Additionally, some opponent views from other countries, such as USA, Australia, New Zealand, Norway, are referred to as well.Finally the author refers to a new theory concerning Bona fide principle.The duty of good faith of parties under insurance contracts, especially responsibilities of enclosure is clarified, aiming as instructing shipping practices.