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Marine insurance interests of legal issues

Author: LiXueKun
Tutor: ChenLiang
School: Fudan University
Course: Legal
Keywords: insurable interests marine insurance right of pledge mortgage of ships
CLC: D922.284
Type: Master's thesis
Year: 2008
Downloads: 319
Quote: 2
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Abstract

Insurable Interests has taken a place as a key concept in the insurance law system for a long time. Many concerns were put on the Marine Insurable Interests because of its particularities. In the past decades, there are many legal issues existed in Marine Insurance Interests that were discussed legislatively and theoretically by the scholars all around the world based on their respective internal law, such as the condition of application, the limitation of time, the benefiter, and the transformation of the Marine Insurable Interests. On this condition, this thesis will expatiate the legislative condition, the theoretical and practical problems that appeared in China when the Marine Insurable Interests was applied. Meanwhile, some newly appeared problems that may relate to the Marine Insurable Interests will be analyzed and discussed together with the "Property Law of the People’s Republic of China".The whole thesis consists of five parts. The Introduction and the first part mainly discuss the conspectus and the basic issues of the insurable interests. In the first part, there are analysis on the concepts and the applying conditions. And then the thesis comes to an idea that the concept of "insurable interests" should be divided into the generalized and the specialized one.Part two concerns about the basic problems in Marine Insurable Interests. The thesis shows the particularities of the Marin Insurable Interests by comparing to the ordinary insurable interests of the property, and also analyzes the limitation of time and the transform of the Marine Insurable Interests.In Part three, the discussion is focused on some practical issues by classifying them variously. For example, the ship insurance, the carriage of goods by sea, the freight insurance, the responsibility insurance, the reinsurance, the wages and other remuneration of the crew members, and the co-assurance .Part four is the possible infections to the Marine Insurable Interests that may be caused by the validity of Chinese "Property Law". The thesis analyzes the potential new situations related to the Marine Insurable Interests like the transform of the ownership, the pledgee of the B/L , the lien on the ship, etc. All of these opinions are firstly raised in this thesis.The suggestions to the "Insurance Law of the Republic of China" and the "Maritime Code of the Republic of China" are expanded to the last part. What’s more, the thesis will summarize the actuality and the deficiencies of our Chinese regulations on the Marine Insurance Interests in this part.

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