| In the maritime insurance,the causal relationship between the insurance accident and the subject matter of the insurance subject is judged according to the principle of proximate cause,and it is determined that the insurance liability is the prerequisite for the insurance payment work and the important basis for obtaining the compensation.In addition to the introduction and conclusion,this paper is divided into four parts.The first part of the Shanghai Maritime Court in 2014 to determine the international cargo transport insurance disputes as a starting point,through the case brief and the original and the defendant dispute between the two sides of the focus of the analysis of the main points of the case: the maritime cargo transport insurance contract principle,That is,maritime insurance in the near cause of the problem and the principle of the application of the limitations of the problem.The second part introduces the theory of maritime insurance near causality,which includes the only causal relationship that applies only to maritime insurance and the proportionality causality that applies to all insurance areas.Followed by the fact that the case constitutes a near-controversial factual exclusion,including roundabout and hull strength.Finally,different theories are applied in this case,and the corresponding conclusions are drawn.The third part analyzes the limitation of the application of the principle of the maritime insurance,including the limitation of the liability,the limitation of the liability period,and the further conclusion of the contract in the maritime insurance contract,after confirming the proximate cause of the maritime insurance accident Insurance obligations of insurers in marine insurance.The fourth part consummates the shortcomings of the limitation of the approach and the principle of the near cause in the maritime insurance,analyzes the feasibility of the current situation of the legislation,the current situation of the judiciary and the various suggestions,and puts forward the applicable restrictions on the proximate cause and the proximate principle. |
