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System of compulsory insurance laws in Maritime Law

Author: ShenHao
Tutor: ChenLiang
School: Fudan University
Course: Legal
Keywords: Compulsory insurance at Sea Limitation of Liability Direct Action To pay high insurance
CLC: D996.19
Type: Master's thesis
Year: 2008
Downloads: 352
Quote: 2
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Abstract


With the growing development of the maritime transport and maritime transport activities impact the growing marine insurance gradually to force the direction of development, Public and Private Law of the trend is even more enhanced, resulting in the novelty of the sea compulsory insurance. Produce from the sea compulsory insurance point of view, it is the response of the international community aware of the need for offshore insurance compulsory legislative. Damages as a new marine liability mechanism sea compulsory insurance system theory and mechanisms are not yet fully developed. Aspects of analyzing and summarizing the author from the meaning of the properties and areas that sea compulsory insurance is set up under the law enforced in the maritime transport within the insurance, it is the legislators for the care of public interests in many other areas of the sea liability insurance. The first chapter describes the general principle of mandatory liability insurance, as well as the formation process, and the necessity and importance of the emergence of the sea compulsory liability insurance. Sea compulsory liability insurance in the event of a major offshore oil spill, driven to establish and develop together. This system has been extended to sea passenger transport casualties, marine oil pollution damage, toxic and hazardous material damage and sunken ships or salvage and other fields. This system includes compulsory insurance, is closely related with direct litigation liability limit. The second chapter of the Maritime Passenger Transport Carriers compulsory insurance research necessity, feasibility and impact of the legal systems of other insurance compulsory insurance for the carriage of passengers by sea in-depth analysis, analysis of the focus on the Athens Convention, that compulsory insurance is necessary and feasible, it is easy to operate for the carriage of passengers by sea. Compulsory insurance system, and the carriage of passengers by sea maritime liens, limitation of liability and personal accident injury insurance system and the problems surrounding the arrest of ships of the analysis. Chapter compulsory liability insurance system for oil pollution at sea and toxic and hazardous compounds depth study, the first of the System Summary, and then focus on the \The legislative outlook. Chapter salvage of sunken objects compulsory insurance study to examine the feasibility of compulsory insurance, from the perspective of law and economics, and think of the future should be the adoption of compulsory insurance in the relevant laws and amendments to the salvage. The fifth chapter analyzes the research being developed in other maritime-related compulsory liability insurance system, mainly the International Freight Forwarders and NVOCC liability insurance system. Chapter VI compulsory insurance will pay the compulsory insurance and maritime comparative study, come to the same at different points of the two systems.

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CLC: > Political, legal > Legal > International law > International Economic Law > International Business Law ( International Trade Law ) > Maritime
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