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On the Legal Issues of Free from Particular Average

Author: ZhanYuPing
Tutor: WeiYouHong
School: East China University of Political Science
Course: International law
Keywords: Tainting Marine Insurance General average Part of the loss F.p.a.
CLC: D996.19
Type: Master's thesis
Year: 2010
Downloads: 101
Quote: 2
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Abstract


Average, either lose \responsible for compensation. Average, either lose \With the development of shipping and trade, the memo the terms of its own limitations and can not meet the needs of practice, replaced by the terms of the FPA 1963 London Institute Cargo Clauses (ICC), also known as \(FPA). In 1982, the new Institute Cargo Clauses C terms to replace the original terms of the FPA. At present, widely used in China's domestic Chinese People's Insurance Company of goods by sea transportation insurance clauses (CIC) is amended in accordance with the 1963 Institute Cargo Clauses, FPA as \long-term standing. FPA initially compensation for all losses continue to add amendments after practice, the scope of its responsibilities gradually beyond the range of the total loss, extended to part of the loss, but extend its coverage to partial loss of the exclusion of particular average. However, due to the particular average, general average and partial loss of misunderstanding and confusion, leading to the theory and practice of \To clarify the misunderstanding of theoretical and practical applications, this paper focuses from the relevant provisions of the general average and marine insurance system and combined with our FPA \This article discusses three chapters. The first chapter introduces the historical evolution and its associated regime of \This chapter first analyzes the \Placed particular average to be addressed in the general average, particular average is a unique concept in general average, general average does not hold it does not matter a particular average. Finally, the nature of particular average loss in marine insurance law issues by focusing on the premise established in the general average, be discussed in the marine insurance the particular average lose and not lose room. The second chapter introduces the \This chapter first analyzes the particular average and general average loss marine insurance forms, namely the nature of particular average and general average. Then set out in the form of marine insurance underwriting risk and loss, and express particular average and general average in marine insurance belong to the same part of the loss. Finally, the establishment of conditions of particular average and general average, and partial loss of marine insurance are described under the concept of \Chapter III will focus transferred to the the FPA provisions of the relevant provisions of China's Marine Insurance Act. This chapter mainly analyzes the coverage of the FPA, and on the basis of the analysis made in Chapter II, pointed out that the source of misunderstandings on Ping Anxian Cheng insurance coverage of theory and practice, and to be clarified. Finally pointed out to clarify the misunderstanding and confusion \

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