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The Study of Applicability of the Principle of Utmost Good Faith in Chinese Marine Insurance Act

Author: LiXiaoLe
Tutor: ZhuZuoXian
School: Dalian Maritime University
Course: Legal
Keywords: Utmost Good Faith Honesty Legal principles The contract is null and void Legal Transplant
CLC: D922.284
Type: Master's thesis
Year: 2011
Downloads: 77
Quote: 0
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Abstract


Utmost good faith principle (Principle of utmost good faith) defined in the statute for the first time, appeared in the \The principle of the parties of the insurance contract is placed on an equal footing (Equal standing), though it may not be the same level of commercial strength (Equal commercial power), on the basis of reciprocity (Benefit both) consultations and negotiations. However, the nature of the transaction by either party must convince the other of belief: the other which they understand all the facts have been telling myself. If the party has concealed the fact that the other need to know, the entire transaction will be invalid. Our maritime insurance law does not provide the utmost good faith, just the provisions of honesty and credit principle (Principle of good faith), but the Marine Insurance Act, the requirements of the principle should be more stringent, specific, its substance has been with the utmost good faith the substance of the content relatively similar . Accordingly, some scholars think: marine insurance law making amendments should be clear that the principle of utmost good faith, and defined marine insurance contract, a party in violation of this principle, the other party may declare the marine insurance contract is invalid. In this paper, through the study maximum principle of good faith and our honesty and credit principle of the origins and development of the maximum integrity principle itself of inherent defects, utmost good faith and our legal system of conflict and overlapping and integrated considering offshore insurance industry as well as maritime insurance law's development trend, think of Marine Insurance Act should clearly stipulates the principle of utmost good faith. This paper is divided into five parts: Part I: Overview. This section a brief exposition of the meaning of the principle of utmost good faith and the principle of good faith, the origins and development of clear ethical guidelines in the principle of utmost good faith and the principle of good faith are market economic activities. Part II: the principle of utmost good faith defects. This part of the study of the concept of the principle of utmost good faith itself, analyzing the problems generated by the UK's largest principle of good faith in the application phase and discusses the principle of utmost good faith in the responsibility to design problems. Part III: the principle of utmost good faith with our legal system, contradictions and conflicts. This part of the study the different legislative background of the Chinese and British theoretical issues that may be generated by a different connotation in the British legal principles, the principle of utmost good faith and processing rules of conflict of marine insurance law, and the principle of utmost good faith in our country. Part IV: international trends of the offshore insurance industry. This section focuses on the changes of modern marine insurance business in the insured risk, and the transfer of the Marine Insurance Act to protect the interests of the center of gravity. Description of the introduction of the principle of utmost good faith does not comply with the law of marine insurance and marine insurance trends. Part V: Conclusion This section summarized by a summary of the above four parts clear of marine insurance law should adopt the principle of utmost good faith.

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CLC: > Political, legal > Legal > Chinese law > Financial Law > Insurance Law
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