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On the obligation to inform Marine Insurance

Author: SongWeiQiang
Tutor: LiXiangBin
School: Southwest University of Political Science
Course: Legal
Keywords: Marine Insurance Utmost Good Faith Obligation to inform
CLC: D922.284
Type: Master's thesis
Year: 2010
Downloads: 111
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Abstract

The duty of disclosure as a traditional Marine Insurance Act, the unique system is the marine insurance industry a reasonable basis for operations. Marine Insurance Act reason mandatory insured against the insurer bears full disclosure obligations is to protect the insured person will not be insured because of fraud or negligence in the case of insurance subject unclear situations and hazardous conditions lower risk responsibility to change the insured person insured to information resulting from information vulnerable position. But with the development of marine insurance, enhance the development of science and technology to master the subject matter insured insured risk information and risk control ability, thus the status of parties to the transaction marine insurance difference significantly improved. But at the same insured person may also use their professional knowledge and experience advantage Feel free to give the insured person violating the duty of defending the exercise of the right to revoke the contract with intent to shirk its responsibility for payment. Whether it is a breach of this obligation to be insured or the insurer abuse defense is contrary to the tenor of its insurance risk sharing, contrary to the concept of utmost good faith. If the duty of disclosure is unscientific, irrational, insurance will not sound operation and orderly development. Therefore, the study of marine insurance disputes insured, the insured's duty of disclosure, prompting the insured, the insured in good faith to fulfill this obligation, the insurer's improper limitation defense, very necessary. The purpose of this study was to investigate the obligation to inform the reasonable construction, the two sides to balance the obligation to inform the insurance contract system of rights and obligations, but also for China's \Text is divided into four parts. The first part outlines the marine insurance in the theoretical basis of this obligation. Briefly scholars explore the theoretical basis of this obligation, and the doctrine to be evaluated, which leads to marine insurance in the theoretical basis of this obligation that is the maximum of good faith. Utmost Good Faith in Marine Insurance Act will help to explore the legal nature of this obligation. The second part discusses the marine insurance requirements to inform obligations, including the obligation to inform the subject of a range of content to inform and manner of fulfillment of this obligation, the fulfillment of standards and inform Exempting. Marine insurance obligations to inform the body, including the insured or the insured person and the insurance broker, these per capita in a statutory obligation to inform fulfill its way to inform the insurer knew or should have known of the important facts about the subject matter insured. And to fulfill this obligation must have a certain standard, in exceptional circumstances may also be exempt from this obligation. The third part discusses marine insurance in violation of this obligation and its main constituent elements of the legal consequences. Constitute a breach of the duty of disclosure, including the objective elements and subjective elements of both, and in violation of the legal consequences of this obligation is unique, especially in the insurance contract is canceled when the consequences. The fourth part discusses the subject of marine insurance in breach of this obligation, the insurer can be the remedy. Obligation to inform people on Remedies for breach of this obligation has experienced the transition from traditional to modern, on the whole tends to be reasonable and fair. Of Marine Insurance Act makes provision for remedies, but there is a great shortage, the need for the subject of marine insurance in violation of this obligation when the remedy provisions of improvement. Finally, based on the above discussion proposes improving China's \

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