航运物流责任综合保险法律问题研究

发布时间：2018-03-15 06:21

本文选题：航运物流　切入点：物流保险　出处：《大连海事大学》2014年硕士论文　论文类型：学位论文

【摘要】：随着航运物流业的发展,航运物流经营人的服务范围逐渐扩大,同时,航运物流经营人承担的风险也越来越大。因此,航运物流经营人急需配套的物流保险来转移自己在运营活动中面临的风险。然而,传统的物流保险难以满足物流发展的需要,现有的物流责任保险条款与物流经营人的需求之间还存在很大差距。为航运物流经营人提供适合的保险,并解决一系列的法律问题,才能进一步促进航运物流业的发展。本文将就航运物流责任综合保险的一些法律问题展开讨论。本文主要分为四个部分：第一章写了航运物流责任综合保险的概述。首先从责任保险、物流保险的含义去探讨航运物流责任综合保险的含义;然后分析了航运物流责任综合保险与其他类似保险的区别；最后介绍了航运物流责任综合保险在国内外的发展现状；第二章主要研究了航运物流责任综合保险合同的主体及主要内容。首先介绍了航运物流责任综合保险合同的保险人和被保险人；然后对航运物流责任综合保险的承保范围及责任限额与免赔额进行了介绍第三章分析了航运物流责任综合保险的性质和法律适用。首先分析了我国现有的调整航运物流责任综合保险的法律法规,找出其存在的问题；然后主要探讨了《海商法》与《保险法》的适用范围；最后研究了联运保赔协会的会员先付条款与第三人直接诉权的冲突问题。最后一章提出了完善我国航运物流责任综合保险的建议。分别从我国航运物流责任综合保险的立法体系,保险合同的承保范围,第三人直接诉权,互保性质航运物流责任综合保险方面来分析。
[Abstract]:With the development of shipping logistics industry, the scope of service of shipping logistics operators is gradually expanding, and the risks borne by shipping logistics operators are also increasing. Shipping logistics operators are in urgent need of supporting logistics insurance to transfer the risks they face in their operations. However, traditional logistics insurance is difficult to meet the needs of logistics development. There is still a big gap between the existing provisions of logistics liability insurance and the needs of logistics operators. It provides suitable insurance for shipping logistics operators and solves a series of legal problems. In order to further promote the development of shipping logistics industry. This paper will discuss some legal issues of comprehensive liability insurance for shipping logistics. This paper is divided into four parts:. The first chapter has written the shipping logistics liability synthesis insurance outline. First from the responsibility insurance, the logistics insurance meaning to discuss the shipping logistics responsibility synthesis insurance meaning; Then it analyzes the differences between shipping logistics liability comprehensive insurance and other similar insurance, and finally introduces the development status of shipping logistics liability comprehensive insurance at home and abroad. The second chapter mainly studies the main body and the main content of the comprehensive insurance contract of shipping logistics liability. Firstly, it introduces the insurer and the insured of the comprehensive insurance contract of shipping logistics liability. Then it introduces the insurance coverage, liability limit and deductible amount of shipping logistics liability comprehensive insurance. The third chapter analyzes the nature and legal application of the comprehensive insurance of shipping logistics liability. Firstly, it analyzes the existing laws and regulations to adjust the comprehensive insurance of shipping logistics liability, and finds out the existing problems. Then it mainly discusses the scope of application of Maritime Law and Insurance Law, and finally studies the conflict between the member's advance payment clause and the third party's right of direct action. In the last chapter, some suggestions are put forward to perfect the comprehensive insurance of shipping logistics liability in our country. From the legislative system of comprehensive insurance of shipping logistics liability in China, the scope of insurance contract, the right of direct action of the third party, Mutual insurance nature of shipping logistics liability comprehensive insurance to analyze.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.294

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