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Issues Related to Marine Insurance Contracts
发布者: 发布时间:2018-10-18 17:05阅读:

On October 13-15, Mr. Xu Shunguang, a Canadian-Chinese lawyer, came to the Institute of International Law of Wuhan University to give a lecture on the legal issues of the marine insurance contract. Mr. Xu Shunguang has been engaged in the research and practical work of the Maritime Law for a long time and has been employed as a visiting professor at Wuhan University and Dalian Maritime University, Shanghai Maritime University, and China University of Political Science and Law. Mr. Xu’s lecture began under the host of Professor Zhang Xianglan. Mr. Xu introduced some basic knowledge of marine insurance contracts from the perspective of English law. He said that the Marine Insurance Contract is a contract of indemnity. The policy we usually say is a form of document that carries the contents of an insurance contract. He also explained several common terms in English. Shipping law is a wide-ranging term that includes Maritime law, Marine Insurance Contract, and Carriage of Goods by Sea. Marine insurance contracts are one of them. Marine insurance contracts can be divided into insured and non-insured, or regular and voyage insurance contracts. Regardless of the contractual relationship, the insured has the obligation to do the best (Duty of Utmost Good Faith), and the insured is obliged to disclose all the information and information he knows to the insurer, otherwise he may be deemed to constitute fraud ( Fraud) which would invalidate the insurance contract; even if it does not constitute fraud, if the party fails to disclose all the information, it may also make the insurer exempt from the indemnity because it constitutes "Non Disclosure & Misrepresentation". After the insurer has fulfilled the obligation to pay, he obtains subrogation exists in substantive law, which can claim compensation from the person responsible of the insured, but this subrogation is in the substantive law, not the procedure. In the sense of law. He must file a lawsuit in the name of the insured. Insurable value includes both ships and goods. The ship mentioned here also includes the necessary accessories and ship personnel for the ship to be insured before the start of the flight. The insured should have an Insurance Interest on the subject matter of the insurance in the event of an accident. Mr. Xu also gave a special introduction to war risk and several other types of insurance, especially the new changes and developments of war risk after the 9/11 incident. He cites case law to explain the relevant issues in detail, and talks about the problems that should be paid attention to in practice and practice from the experience of his own work. It is very practical. (Organizer: Yuan Faqiang)