海运货物保险中保险利益的法律问题研究
发布时间：2018-07-15 13:09
【摘要】： 对于海上保险法而言,保险利益原则当之无愧成为最重要的原则之一,有句古语叫做“无保险利益无保险”。但令人遗憾的是,我国《海商法》对保险利益原则并未加以规定。我国《保险法》虽有所规定,但规定的并不详尽。在海上保险中法律关系较为复杂的情形下,保险利益直接涉及到保险法律关系的属性和效力。并且海上保险所涉及的过程中流转环节多,程序较为复杂,因此海上保险的保险利益移转问题就成为关键问题。本文将以海上保险的保险利益移转问题为主线,从保险利益概念、归属、效力、种类等方面以及实务操作中会经常遇到的一些问题予以阐述。 本文结合国内外学者的见解,阐述了海上货物保险利益的概念和表现形式。对我国海运货物保险利益的移转问题、保险利益与海上货物保险合同的效力和转让问题分别进行了分析并提出立法建议。进一步对保险利益的转让、保险标的的转让、保险合同的转让进行了比较分析。根据现有法律的规定,结合对外贸易中的实际情况,分析了货物买卖双方保险利益的归属,最后根据我国的现行法律法规,提出了对我国《海商法》的修改意见。 通过分析认为,应该明确由被保险人而非投保人享有保险利益,合理限定保险利益的范围,通过定义与列举相结合的办法来定义保险利益。我国法律对保险利益的规定,应该仿效MIA1906,采取定义与列举结合的方式,举一些典型以及在实践中容易出现争议的保险利益种类。如果在立法中无法列举多种保险利益,也可以考虑通过司法解释的方式进行,尤其应该将一些有争议的问题做出明确规定。 本文对保险利益与海上货物保险合同的效力和转让提出立法建议,对海洋货物运输的保险利益的法律研究有着重要意义。
[Abstract]:To the marine insurance law, the principle of insurable interest is worthy to be one of the most important principles, there is an old saying called "no insurable interest and no insurance". Unfortunately, China's Maritime Law does not stipulate the principle of insurable interest. Although the Insurance Law of our country has some provisions, the provisions are not exhaustive. In the case of complicated legal relations in marine insurance, insurance interests directly relate to the attributes and effects of insurance legal relations. There are many circulation links and complicated procedures in the process of marine insurance, so the transfer of marine insurance benefits becomes a key issue. This paper will focus on the problem of the transfer of insurance interests in marine insurance, from the concept of insurance interests, attribution, effectiveness, types and other aspects, as well as the practical operation will often encounter some problems to be elaborated. Combined with the opinions of scholars at home and abroad, this paper expounds the concept and manifestation of marine cargo insurance interests. This paper analyzes the transfer of marine cargo insurance interests, the validity and assignment of insurance interests and marine cargo insurance contracts, respectively, and puts forward some legislative suggestions. The transfer of insurance benefits, the transfer of the subject matter of insurance, and the transfer of insurance contracts are compared and analyzed. According to the existing laws and regulations, combined with the actual situation in foreign trade, this paper analyzes the ownership of the insurance interests of both buyers and sellers of goods, and finally, according to the current laws and regulations of our country, puts forward some suggestions to amend the Maritime Law of our country. Through the analysis, it should be clear that the insured should enjoy the insurable interest instead of the insured, reasonably limit the scope of the insurable interest, and define the insurable interest by combining the definition with enumeration. The law of our country should follow MIA1906, adopt the combination of definition and enumeration, and give some typical and controversial types of insurance interests in practice. If many kinds of insurance interests can not be listed in the legislation, we can also consider the way of judicial interpretation, especially some controversial issues should be clearly defined. This paper puts forward legislative suggestions on the validity and transfer of insurance interests and marine cargo insurance contracts, which is of great significance to the legal research on the insurance interests of marine cargo transportation.
【学位授予单位】：哈尔滨工程大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.284;D922.294
本文编号：2124179
[Abstract]:To the marine insurance law, the principle of insurable interest is worthy to be one of the most important principles, there is an old saying called "no insurable interest and no insurance". Unfortunately, China's Maritime Law does not stipulate the principle of insurable interest. Although the Insurance Law of our country has some provisions, the provisions are not exhaustive. In the case of complicated legal relations in marine insurance, insurance interests directly relate to the attributes and effects of insurance legal relations. There are many circulation links and complicated procedures in the process of marine insurance, so the transfer of marine insurance benefits becomes a key issue. This paper will focus on the problem of the transfer of insurance interests in marine insurance, from the concept of insurance interests, attribution, effectiveness, types and other aspects, as well as the practical operation will often encounter some problems to be elaborated. Combined with the opinions of scholars at home and abroad, this paper expounds the concept and manifestation of marine cargo insurance interests. This paper analyzes the transfer of marine cargo insurance interests, the validity and assignment of insurance interests and marine cargo insurance contracts, respectively, and puts forward some legislative suggestions. The transfer of insurance benefits, the transfer of the subject matter of insurance, and the transfer of insurance contracts are compared and analyzed. According to the existing laws and regulations, combined with the actual situation in foreign trade, this paper analyzes the ownership of the insurance interests of both buyers and sellers of goods, and finally, according to the current laws and regulations of our country, puts forward some suggestions to amend the Maritime Law of our country. Through the analysis, it should be clear that the insured should enjoy the insurable interest instead of the insured, reasonably limit the scope of the insurable interest, and define the insurable interest by combining the definition with enumeration. The law of our country should follow MIA1906, adopt the combination of definition and enumeration, and give some typical and controversial types of insurance interests in practice. If many kinds of insurance interests can not be listed in the legislation, we can also consider the way of judicial interpretation, especially some controversial issues should be clearly defined. This paper puts forward legislative suggestions on the validity and transfer of insurance interests and marine cargo insurance contracts, which is of great significance to the legal research on the insurance interests of marine cargo transportation.
【学位授予单位】：哈尔滨工程大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.284;D922.294
【引证文献】
相关硕士学位论文 前1条
1 王曼;保险利益原则研究[D];大连海事大学;2011年
，本文编号：2124179
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