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Legal Issues In China’s Coastal Inland Marine Insurance

Posted on:2015-01-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y Z YangFull Text:PDF
GTID:2266330428481789Subject:Law
Abstract/Summary:PDF Full Text Request
China’s coastal inland shipping industry is in a period of development, but there are so many legal issues in the coastal inland marine insurance practice. Which affect the orderly and healthy development of China’s coastal inland marine insurance market to a certain extent, such as the insured value of coastal inland vessels issue; The issue is about whether the insurer can exclusions unseaworthiness grounds; General average, salvage and rescue costs should or should not be counted in the insurance compensation limit and so on. However, currently less discussion on these issues domestic. Combined with China’s "Maritime Law","Insurance Law" and "Coastal inland marine insurance clause" of the relevant provisions of the People’s Bank of China, as the main object of study of the three above-mentioned legal problems. Analyses China’s coastal river marine insurance legal issues systemly that exist in order for our coastal inland marine insurance for reference.In this paper, removing the introduction and conclusion, can be divided into four parts.The first part is about an overview of China’s coastal inland marine insurance. This section introduces the concept of coastal inland marine insurance contract, the characteristics and its application of the law, while introduces the origin of "Coastal inland marine insurance clause", the legal effect and backwardness, and how to make the presence of a relatively large number of current the legal dispute.The second part, mainly study on the issue about the coast inland marine insurance the insured value. This part, as a starting point of the case to analyze and identify the insured value, and the relationship between actual value of the insured value and coastal inland marine insurance in the subject matter of insurance, as well as, how to deal with the actual value in practice more than of the insured value.The third part, is of the coast inland marine insurance exclusions unseaworthiness. This section introduces the concept of the ship seaworthy, and seaworthiness of national laws; Secondly, comparing" Maritime law" and the "Coastal inland marine insurance clause", in-depth analysis the irrational of China’s coastal inland marine insurance clauses exclusions unseaworthiness; Once again, analysis unseaworthiness exclusion provisions in "Coastal inland marine insurance terms Judicial interpretation ", define the content of which is unreasonable, finaly suggest for improvement on the basis of sound. The fourth part, mainly study on the cost of the different nature of compensation in coastal inland marine insurance. In this part, focusing on the unreasonable regulations of " Coast inland marine insurance clause", which three fee will be counted into the limited compensation. By analyzing three different types of costs, combining with the provisions of "Maritime Law" in our country, the writer repute that the limited compensation should be distinguished of the "Coastal inland marine insurance provisions", which depending on the payment circumstances, payment standard, and payment basis, and finaly establish an effective payment mechanism.
Keywords/Search Tags:Coastal and inland river shipping insurance clause, Insured value, Unseaworthiness, Compensation insurance costs
PDF Full Text Request
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