On The Legal Issues Of The Liability Insurance Of Property Preservation

Liability insurance of property preservation is a new insurance product in practice,which has been applied to a certain extent in the judicial practice.The origin of liability insurance of property preservation is from the demand of the guarantees that usually provided by the applicants that participate in the civil litigation preservation of property lawsuit and also from the objective reality that the lack of available guarantee institutions and guarantee means.On March 1,2015,Provisions of the Supreme Court on Several Issues Concerning the Application of Law in the Arrest and Auction of Ships is enacting and its Article 4 requires that apart from the clear facts,a clear relationship between rights and obligations of the service contract of seaman,the applications due to the personal injury compensation disputes toward sea and the sea waters,when the maritime claimant applies for arrest of a ship,the court shall be ordered to provide the guarantee.This undoubtedly reflects the demand for the guarantee in the maritime litigation,especially in the application of the arrest of the ship.Because of the huge value of the ship,the applicants apply for the ship arrest counter guarantee is often faced with no guarantee institutions that are willing to guarantee or the problem of the amount of the security is too high.Therefore,the new guarantee means of the liability insurance of property preservation provides a new choice for the applicant in the maritime litigation.On the basis of sorting out and studying the relevant core issues of the liability insurance of property preservation,this paper discusses the problems that need to be paid attention to the application of the liability insurance of property preservation in the ship arrest counter guarantee.The first chapter is an overview of the liability insurance of property preservation.This chapter defines the concept and feature of property preservation of liability insurance,introduces the causes of it,and constructs the theory of it.The second chapter is about the application status of the property preservation of liability insurance and the controversial theory of it.First this chapter introduces the application status of the property preservation of liability insurance.Second this chapter determines the nature of property preservation of liability insurance,makes the differences between the property preservation of liability insurance and guaranty insurance,credit insurance.Third this chapter analyses the nature of the policy guarantee.The third chapter analyses the legal risk of the property preservation of liability insurance.The legal risks are from the insurable interest,validity of contract,dissolution of contract.At last the author provides measures to avoid risks.The fourth chapter is about the suggestions for improving he property preservation of liability insurance.According to the whole paper,the author illustrates the advantages of property preservation of liability insurance,and provides the a set of suggestions of property preservation of liability insurance.