Research On The Insured's Declaration Obligation Under Open Cover In Marine Insurance

Under the background of the prosperity of import and export trade,the open cover has been widely using in marine insurance practice with its advantages of simplicity and convenience.The insured declaration obligation plays an important role in the insurance contract.It directly affects whether the insurer is liable for damages or not.The main manifestation of the open cover is different from the general insurance contract.So far,In China's existing legal framework,only Article 231-233 of Maritime Code of the People's Republic of China have provisions about"open cover",but the provisions are rough,and The insured's declaration obligation is only mentioned in the Article 233 of Maritime Code of the People's Republic of China.In the academic circle,there is no consensus in the discussion of the relevant issues of the insurer's declaration obligation under open cover.In insurance practice,the terms of the insurance contract are not uniform,many of the agreed contents have deviated from the original principle and properties of the open cover,and have a great arbitrariness.However,due to the lack of relevant legislation,it can not be timely and effective to regulate and correct,resulting in disputes,affecting the normal trade.Some courts have encountered difficulties in applying the law in the case of disputes.The purpose of this paper is to discuss the problems of the insurer's declaration obligation under open cover,In order to put forward some feasible suggestions on the amending of the legal system of the insured declaration obligation under open cover in Marine Insurance.