On The Insurer’s Explanation Obligation In Marine Insurance

Insurance Contract is always a special kind by comparing with other famous contracts in the Civil Laws.But the insurance contract in the contract of marine insurance is more unique,not only having the general nature and the particularity of the insurance contract,but specializing services in trade and shipping activities at sea and completely different from other insurance contract.The insurer’s explanation obligation in marine insurance contract has its unique value in the study of many legal issues of marine insurance contract.The insurer should earnestly fulfill the explanation obligation.Description of the terms and conditions of the contract of marine insurance includes the general contract and the exemption clauses.The author combines with his own work experience to make a shallow analysis and research on this issue.The whole dissertation is divided into three parts:Firstly,the main special features of the insurance contract and the difference of the contract of marine insurance from other insurance contract is introduced to clarify that a contract of marine insurance is a commercial contract of maritime law and insurance law,to lead to the key content of this dissertation,i.e.,the insurer’s explanation obligation in maritime insurance contract.For the convenience of the reader to understand the object of this paper from the shallower to the deeper,this chapter introduces the development and change of the explanation obligation,the theoretical and practical basis,and the main content of the explanation obligation in marine insurance contract,including the explanation obligation’s subject,performance time limitation,explanation content,etc..Secondly,several legal issues involved in the explanation obligation in the marine insurance contract are discussed,including the insurance agent as thesubject of the explanation obligation,the specific performance content and method of the insurer’s explanation obligation and the legal consequence of violating the above mentioned obligation.This chapter also analyzes the importance of marine insurance contract explanation obligation by combining relevant cases.Thirdly,through the analysis and discussion of the above problems,summed up the normative content and characteristics of marine insurance contract party is the insurer’s explanation obligation,put forward China’s lack of legislation,and further combined with the actual situation of the development of marine insurance in China put forward the revision proposal.