Research On The Legal Issues Of Marine Insurance Exemption Clauses

With the development of economy,seafaring has gained a rapid development.During the theory and practice of seafaring,clients always use insurance contract to avoid various risks encountered in sailing.That is to say,it is stipulated in the form of insurance contract that under what circumstance the insurer should undertake insurance liability,and under what circumstance the insurer can be exempted from insurance liability.In insurance contract,the interest demand of the insurer and the insured is different.The insurer hopes to make compensation in accordance with the agreement of insurance contract and relative laws and regulations,while the insured usually hopes to gain sufficient compensation for their loss.That’s why exception clause is of great significance of balancing the interest between the insurer and the insured.This article mainly focuses on balancing the interest between the insurer and the insured by virtue of the study of exception clause of maritime insurance so as to facilitate the further development of our country’s seafaring.The article discusses the legal issues of the exemption clause through three major modules.By analyzing the force of law of the exception clause,resolving all kinds of questions of exception clause encountered in our country’s theory and juridical practice,and further facilitating the healthy and stable development of our country’s maritime industry.First of all,analyzing the concept of exception clause,and elaborating the relevant stipulations and characteristics of exception clause,and analyzing the exception clause of other countries,improving the concept of exception clause from the microscopic perspective,and further finding the difference of our country’s exception clause comparing with other countries’.Secondly,elaborating the form of exception clause.Discussing under what circumstances the exemption clause will take legal effect,and analyzing the premise of exception clause taking legal effect so as to find the questions existing in the form of exception clause and put forward relevant improvement suggestions.In the end,elaborating the content of exception clause,that is to elaborate which situations belong to the scope of exemption clause,and combine to our country’s maritime practice,and come to the conclusion of the difference between the scope of exception clause and our country’s law of maritime commerce practice,as well as the trend of international community.