海上货物运输开口保险法律问题研究
发布时间：2018-12-16 07:56
【摘要】：随着我国将建设"海上丝绸之路"正式提上日程,进出口商对货物保险的需求会大大增加,适用于大批量货物投保的开口保险合同因而也会在海上货物运输过程中被广泛使用。开口保险合同来源于1906年英国《海上保险法》规定的浮动保险,而浮动保险也正是开口保险下的标准的开口保险的前身。开口保险共有三种类型,且各有特色、可满足进出口商对保险的不同需求,但是我国目前并没有法律对开口保险进行规制。因此,本文通过对中英法律的规定进行分析,并结合实务中的操作,对开口保险的性质进行探讨,并以此为基础对开口保险下被保险人的申报义务、告知义务等应当如何规定进行研究,并对开口保险下保险证明与保险合同规定不一致的情况应当如何解决进行探讨,以期能够为相关立法提出建议。本文共分为四个部分。第一部分是对海上货物运输开口保险的概念与性质的研究,作者在这一部分给出了开口保险的概念,讨论了开口保险合同的性质,并将开口保险与浮动保险、预约保险进行比较,除此之外还对在我国适用开口保险存在的问题进行了介绍。第二部分探讨的是被保险人的告知义务,作者基于英国《1906年海上保险法》和《2015年保险法》的规定,根据开口保险的特性,提出立法建议。第三部分是有关被保险人的申报义务,作者分析了中英法律的规定,对各类型的开口保险合同下的申报行为的性质进行了界定,并以此为基础,对我国应当如何规定申报义务的履行方式提出立法建议。第四部分探讨的是保险证明与开口保险合同内容不一致时,应当如何解决。
[Abstract]:With the construction of the "Maritime Silk Road" being put on the agenda in China, the demand for cargo insurance by importers and exporters will increase greatly, and the open insurance contract suitable for large quantities of cargo insurance will also be widely used in the process of sea cargo transportation. The open insurance contract originates from the floating insurance stipulated in the British Marine Insurance Act of 1906, and the floating insurance is the predecessor of the standard open insurance under the open insurance. There are three types of open insurance, and each has its own characteristics, which can meet the different needs of importers and exporters. However, there is no law to regulate open insurance in our country. Therefore, through the analysis of the provisions of Chinese and British laws and combined with the operation in practice, this paper discusses the nature of the opening insurance, and on this basis, the declaration obligations of the insured under the open insurance. How to study how to stipulate the obligation of informing, and how to solve the inconsistency between the insurance certificate and the insurance contract under the open insurance, in order to put forward some suggestions for the relevant legislation. This paper is divided into four parts. The first part is the study of the concept and nature of open insurance for the carriage of goods by sea. In this part, the author gives the concept of open insurance, discusses the nature of open insurance contract, and puts forward the open insurance and floating insurance. In addition to the comparison of reservation insurance, the problems existing in the application of open-end insurance in China are introduced. The second part discusses the insurant's obligation to inform. Based on the provisions of the British Marine Insurance Act of 1906 and the Insurance Act of 2015, the author puts forward some legislative suggestions according to the characteristics of open insurance. The third part is about the insurant's declaration obligation. The author analyzes the provisions of Chinese and British laws, defines the nature of the declaration behavior under various types of open insurance contracts, and based on this, This paper puts forward some legislative suggestions on how to fulfill the reporting obligation in our country. The fourth part discusses how to solve the inconsistency between insurance certificate and open-end insurance contract.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D996
本文编号：2382025
[Abstract]:With the construction of the "Maritime Silk Road" being put on the agenda in China, the demand for cargo insurance by importers and exporters will increase greatly, and the open insurance contract suitable for large quantities of cargo insurance will also be widely used in the process of sea cargo transportation. The open insurance contract originates from the floating insurance stipulated in the British Marine Insurance Act of 1906, and the floating insurance is the predecessor of the standard open insurance under the open insurance. There are three types of open insurance, and each has its own characteristics, which can meet the different needs of importers and exporters. However, there is no law to regulate open insurance in our country. Therefore, through the analysis of the provisions of Chinese and British laws and combined with the operation in practice, this paper discusses the nature of the opening insurance, and on this basis, the declaration obligations of the insured under the open insurance. How to study how to stipulate the obligation of informing, and how to solve the inconsistency between the insurance certificate and the insurance contract under the open insurance, in order to put forward some suggestions for the relevant legislation. This paper is divided into four parts. The first part is the study of the concept and nature of open insurance for the carriage of goods by sea. In this part, the author gives the concept of open insurance, discusses the nature of open insurance contract, and puts forward the open insurance and floating insurance. In addition to the comparison of reservation insurance, the problems existing in the application of open-end insurance in China are introduced. The second part discusses the insurant's obligation to inform. Based on the provisions of the British Marine Insurance Act of 1906 and the Insurance Act of 2015, the author puts forward some legislative suggestions according to the characteristics of open insurance. The third part is about the insurant's declaration obligation. The author analyzes the provisions of Chinese and British laws, defines the nature of the declaration behavior under various types of open insurance contracts, and based on this, This paper puts forward some legislative suggestions on how to fulfill the reporting obligation in our country. The fourth part discusses how to solve the inconsistency between insurance certificate and open-end insurance contract.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D996
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1 杨一凡;海上货物运输开口保险法律问题研究[D];大连海事大学;2017年
，本文编号：2382025
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