Research On Notification Obligation Of Marine Insurance

As an important part of marine insurance,the obligation of disclosure has always played an indispensable role in the development of marine insurance,which is also determined by the special nature of marine insurance.The honest performance of the obligation of disclosure is related to the establishment of marine insurance contract.Therefore,when establishing a marine insurance contract,the insurer’s exploration of the basic situation of the insurance subject needs to be based on the informant of the insured,and at the same time,combined with its own professional knowledge to decide whether to conclude an insurance contract,and agree on a specific insurance rate.Therefore,the insured’s truthful performance of the notification obligation is crucial to the signing of the marine insurance contract.However,compared with the rapidly developing marine shipping industry,the relevant legal provisions and Research on the obligation of disclosure in China’s marine insurance are slightly weak.This thesis intends to systematically analyze the obligation of disclosure from the aspects of the identification of the subject of the obligation of disclosure,the determination of important situations,the types of violations and remedies,starting from the practical problems and combined with judicial practice cases,Comprehensive domestic and foreign legal provisions and academic views,combined with the actual situation of marine insurance in China,we put forward countermeasures and solutions that I think are compatible with it.The thesis mainly consists of four parts and conclusions.The first part is to state the dilemma of the legal application of the notification obligation of marine insurance,mainly including the inconsistency of the subject of the notification obligation,the non-uniform standard of the scope of notification,and the unreasonable method of relief.Problems in the subject of the notification obligation:First,the subject of the notification obligation under different laws and regulations is different,and the second is that the legal status of insurance brokers is not clear.Problems in the scope of notification: First,the obligation to inform is unfair,and second,it is difficult to grasp the determination of important situations.The problem of the remedy method: First,the insurer’s right of rescission is easy to abuse,and second,the subjective fault of the insured is blurred.The second part is an analysis of the causes of the dilemma of the application of the obligation to inform,and the analysis and interpretation are analyzed and interpreted from different aspects.In terms of the subject of the notification obligation,the internal consistency between the insured and the insured is analyzed,as well as the eligibility of the insurance broker as the subject of the notification obligation;in terms of the scope of notification,the value orientation of the unlimited notification obligation is analyzed,as well as the criteria for determining important situations;in terms of the method of relief,the origin and purpose of the right of rescission are analyzed,and the content of the subjective fault state is analyzed.The third part is a feasibility analysis of the 2015 Insurance Law of the United Kingdom,through the interpretation of the relevant provisions of the new law on the obligation to inform,a comparative analysis of the old law of the 1906 Marine Insurance Law,combined with the specific judicial practice cases in China,and the analysis of the advantages of the Insurance Law of the United Kingdom in 2015 and its compatibility with the development of the times.The fourth part is to improve the system of marine notification obligations in China,synthesize the analysis of the above problems and the development of the legal basis,and compare the relevant laws and regulations of foreign countries to draw opinions and suggestions suitable for the development of China’s marine insurance notification obligations.The conclusion mainly includes two aspects: on the one hand,it reviews and reflects on the relevant provisions on the obligation to inform marine insurance in the latest Maritime Law(Revised Draft);on the other hand,it systematically summarizes the process of analysis and explanation of the whole text,as well as key issues,and expresses expectations for the development of marine insurance notification obligations in the future.