Empirical Study On Marine Insurance Warranty In China

This paper is an empirical study on the legal system of China marine insurance warranty.Since there are only brief principal provisions on warranty in CMC(China Maritime Code),this paper makes an empirical research studying the China maritime trial cases,which supplemented by theoretical and logical analysis.It makes an analysis on the application of marine insurance warranty in China judicial practice through interpreting 32 cases related.This article compares marine insurance warranties in China with the UK insurance warranties system,combines theory and practice of our country,and evaluates the legal effect of it.Also,the article discusses the rational existence of marine insurance warranties system introduction.Finally,it puts forward suggestions and ideas about building the alternation of risks in CMC.Besides preface and conclusion,this article is divided into four chapters.The first chapter empirically analyzes the express warranty of China's maritime insurance.First of all,by deconstructing typical cases,it summarized three attitudes to the effectiveness of warranty clause of clearly acknowledging,not recognizing and avoiding to recognize in China maritime judicial practice.Then it discusses the warranty of sailing date,which is one of the most common ones in the judicial practice of China.Then,it elaborates the regulations of express warranties under CMC and the relevant judicial interpretation.Finally,the applicability and problems of express warranty are discussed.The second chapter makes an empirical analysis of the defect of implied warranty in China marine insurance.Even implied warranty has not been introduced in CMC,there are still some relevant disputes in practice.Firstly,according to the three kinds of implied warranties under MIA 1906,this part makes a research on alternative measures of implied warranty of marine insurance in China correspondingly,such as unseaworthness and cargo-unworthiness.Finally,it compares the implied warranty of MIA 1906 with the relevant alternative measures in China.The third chapter makes an empirical study on breach of warranty in China.In the first place,it makes a comparative analysis about the modes and problems between the UK and China.Then,it studies two modes of the breach of warranty respectively,the surrender mode and the excluded liability mode,in the judicial practice of our country.Then it elaborates the regulations of the strict application and breach of warranty under MIA1906.Also it makes an interpretation on the reform of warranty system under 2015 Insurance Act in the UK,and comparatively analyzes the differences between CMC and UK on the breach of warranty.Through empirical analysis and comparative analysis in the first three chapters,the fourth chapter makes a discussion on the rationality of existence of marine insurance warranty system in China.By the statement of the irrationality of improving the warranty system and the rationality of abandoning this system,this paper suggests that the marine insurance warranty system should be abolished.Then it is claimed to build the alternation of risks in marine insurance,which is more applicable with the theoretical development and in the judicial practice of China.