保险利益原则及其在海上保险中的应用
发布时间：2018-07-25 10:16
【摘要】：鉴于保险利益原则在保险法中的重要地位及海上保险中保险利益问题的特殊性，本文对保险利益原则及其在海上保险中应用的相关问题进行论述，旨在把握其中的规律和具有实践意义的内容，澄清理论研究上的模糊之处，对完善我国海上保险立法提供一些理论支持。 全文分为六个大的部分。第一部分是引言，介绍笔者选题的理由，本文的技术路线，及本文在理论上和实践中的意义。 第二部分从整体上分析保险利益原则的基本情况，包括保险利益原则的历史沿革，保险利益的涵义和性质，保险利益的判断标准，保险利益的归属对象和存在时点几个关键问题。其中争议最大的是保险利益的判断标准，这是保险利益的核心问题之一，笔者以时间为轴，通过众多的经典案例和立法规定，比较分析两种不同的保险利益判断标准。 第三部分从三个方面解释保险利益原则为何必须存在于海上保险之中，并对反对观点进行批驳。 第四部分根据保险标的不同，将海上保险分为海上货物运输保险、船舶保险和其他海上保险三个类别进行讨论，主要论述海上保险实践中存在的各种保险利益的特征，存在原因及实务操作中出现争议的几个问题。讨论重点放在争议集中的FOB和CFR贸易条件下越过装货港船舷前买方的保险利益问题，违约情况下的保险利益问题，船舶挂靠经营情况下的保险利益问题。在论述的过程中，笔者引用大量的案例和国内外学者的观点作为参考，在理论论述的基础上，结合实践来考证。 第五部分则阐述我国现行的海上保险立法中存在的问题和相应的解决方案，并提出一些立法建议。立法建议包括：第一，增加一条对海上保险中保险利益涵义的规定，采用单一经济利益标准，明确保险利益是被保险人与保险标的之间经济上的利害关系。第二，，增加一条对海上保险中保险利益归属对象和存在时点的规定，明确被保险人必须在损失发生之时具有保险利益，否则无权请求保险赔偿。第三，增加一条FOB和CFR贸易条件下的特殊规定，肯定FOB和CFR贸易条件下，已付款的买方有权对越过装货港船舷前发生的货物损失请求保险赔偿。
[Abstract]:In view of the important position of the principle of insurance interest in the insurance law and the particularity of the issue of insurance interest in marine insurance, this paper discusses the principle of insurance interest and its application in marine insurance. The purpose of this paper is to grasp the law and the content of practical significance, to clarify the ambiguity in the theoretical research, and to provide some theoretical support for the perfection of marine insurance legislation in China. The full text is divided into six parts. The first part is the introduction, introduces the reason of the author's choosing the topic, the technical route of this article, and the significance of this paper in theory and practice. The second part analyzes the basic situation of the insurance interest principle from the whole, including the history of the insurance interest principle, the meaning and nature of the insurance interest, the judgment standard of the insurance interest, There are several key problems about the object of ownership and the time of existence of insurance interest. The most controversial is the standard of judging insurance interest, which is one of the core issues of insurance interest. The author takes time as the axis, through numerous classic cases and legislative provisions, to compare and analyze two different criteria for judging insurance interests. The third part explains why the principle of insurance interests must exist in marine insurance from three aspects, and refutes the opposing views. In the fourth part, according to the different subject matter of insurance, marine insurance is divided into three types: marine cargo transport insurance, ship insurance and other marine insurance. It mainly discusses the characteristics of various kinds of insurance interests that exist in the practice of marine insurance. There are some controversial problems in practical operation. The discussion focuses on the insurance interests of the buyer over the port of loading under the trade conditions of FOB and CFR, the insurance interests in the case of breach of contract, and the insurance interests in the case of the ship's linking operation. In the process of discussion, the author cites a large number of cases and the views of scholars at home and abroad as a reference, on the basis of theoretical discussion, combined with practice to verify. The fifth part expounds the existing problems and corresponding solutions in the current marine insurance legislation of our country, and puts forward some legislative suggestions. The legislative proposals include: first, to add a provision on the meaning of insurance interests in marine insurance, adopt a single economic interest standard, and make clear that insurance interests are the economic interests between the insured and the subject matter of insurance. Second, add a stipulation to the object of ownership and the point of existence of the insurable interest in marine insurance, and make it clear that the insured must have insurance interest at the time of loss, otherwise, he has no right to claim insurance compensation. Third, add a special provision under the terms of FOB and CFR to confirm that under the terms of trade between FOB and CFR, the buyer who has paid shall have the right to claim insurance against the loss of the goods that occurred before the ship's side at the port of loading.
【学位授予单位】：上海海事大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D912.28
本文编号：2143498
[Abstract]:In view of the important position of the principle of insurance interest in the insurance law and the particularity of the issue of insurance interest in marine insurance, this paper discusses the principle of insurance interest and its application in marine insurance. The purpose of this paper is to grasp the law and the content of practical significance, to clarify the ambiguity in the theoretical research, and to provide some theoretical support for the perfection of marine insurance legislation in China. The full text is divided into six parts. The first part is the introduction, introduces the reason of the author's choosing the topic, the technical route of this article, and the significance of this paper in theory and practice. The second part analyzes the basic situation of the insurance interest principle from the whole, including the history of the insurance interest principle, the meaning and nature of the insurance interest, the judgment standard of the insurance interest, There are several key problems about the object of ownership and the time of existence of insurance interest. The most controversial is the standard of judging insurance interest, which is one of the core issues of insurance interest. The author takes time as the axis, through numerous classic cases and legislative provisions, to compare and analyze two different criteria for judging insurance interests. The third part explains why the principle of insurance interests must exist in marine insurance from three aspects, and refutes the opposing views. In the fourth part, according to the different subject matter of insurance, marine insurance is divided into three types: marine cargo transport insurance, ship insurance and other marine insurance. It mainly discusses the characteristics of various kinds of insurance interests that exist in the practice of marine insurance. There are some controversial problems in practical operation. The discussion focuses on the insurance interests of the buyer over the port of loading under the trade conditions of FOB and CFR, the insurance interests in the case of breach of contract, and the insurance interests in the case of the ship's linking operation. In the process of discussion, the author cites a large number of cases and the views of scholars at home and abroad as a reference, on the basis of theoretical discussion, combined with practice to verify. The fifth part expounds the existing problems and corresponding solutions in the current marine insurance legislation of our country, and puts forward some legislative suggestions. The legislative proposals include: first, to add a provision on the meaning of insurance interests in marine insurance, adopt a single economic interest standard, and make clear that insurance interests are the economic interests between the insured and the subject matter of insurance. Second, add a stipulation to the object of ownership and the point of existence of the insurable interest in marine insurance, and make it clear that the insured must have insurance interest at the time of loss, otherwise, he has no right to claim insurance compensation. Third, add a special provision under the terms of FOB and CFR to confirm that under the terms of trade between FOB and CFR, the buyer who has paid shall have the right to claim insurance against the loss of the goods that occurred before the ship's side at the port of loading.
【学位授予单位】：上海海事大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D912.28
【引证文献】
相关硕士学位论文 前2条
1 李霞;中国海洋货物运输保险险别选择的法律风险和防范问题研究[D];华东政法大学;2011年
2 帅灵;试论保险利益原则在海上货物运输保险中的运用[D];华东政法大学;2009年
本文编号：2143498
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