论国际海运货物保险研究
发布时间：2018-11-02 07:25
【摘要】：国际海运货物买卖是国际贸易的重要组成部分，特别是中国加入世界贸易组织之后，中国的贸易出口额和进口额保持逐年大幅递增。保证国际海运买卖等国际货物买卖公平、安全、有序的进行，是世界各国立法及国际共同条约规范的重要任务。 现代大部分国际货物贸易交付过程周期比较长且相对比较复杂，大多要经过空运、陆运、海运，特别是海运在国际货物贸易中占有相当大的比重。在国际海运货物买卖中买卖双方义务的承担及完成不是完全同步的，情况十分复杂。在海运货物期间，货物可能会遭受各种意外损失，如沉船、破碎、失火、受潮、渗漏等非正常损耗，使货物可能遭受毁损灭失等风险。风险何时由出卖人或买受人承担，直接涉及双方当事人的重大利益，出卖人和买受人都十分关注货物风险的转移。因而货物风险的转移及其时间界定是国际海运货物买卖中一个十分重要的问题。各国立法都或多或少的对此进行规范，，众多国际经济法专家也开始对此展开了深入研究。 在国际海运货物买卖中，双方当事人可以作出关于风险转移的约定，明确当事人双方风险负担的制度及其规则，明确当事人双方的风险负担，使其比较清楚的、全面的认识相关的风险转移，明确双方相关的权利和义务，同时促使其采取得力措施规避各种可能发生的风险，尽量避免或减少自己的各种经济损失。 本文对国际、国内的关于货物风险转移及其相关问题的立法进行了比较对比研究。对国际上关于货物风险转移的国际惯例及国际公约的相关内容进行对比分析，对各国相关立法的法理依据进行剖析，提取出众多可以借鉴之处，将来我国在制定新的《合同法》、《保险法》、《海商法》等相关法律时应对此加以改进和完善，以便使得我国风险转移制度具体化、规范化、系统化，并具有更强的实践操作性。只有如此才能更有效的规范我国国际海运贸易等国际贸易实践。 本文主要论述了以下几个方面的问题： 第一章讲述了国际海上货物运输保险以及保险合同的概念及其历史发展。对保险风险的含义、海上保险合同的法律特征、海上保险的保险责任期间等问题进行了解释。 第二章主要对海上货物运输保险的法理进行分析。国际海运货物保险合同的主要法理是最大诚信原则、近因原则、可保利益原则、赔偿原则。本文对以上几个原则进行了逐个分析。
[Abstract]:International seaborne goods trade is an important part of international trade, especially after China's accession to the World Trade Organization, China's trade exports and imports keep increasing year by year. It is an important task to ensure the fair, safe and orderly sale of international goods such as international maritime trade. Most of the modern international trade in goods delivery cycle is relatively long and relatively complex, most of them have to be transported by air, land, sea, especially seaborne in the international trade of goods occupies a considerable proportion. The undertaking and completion of the obligations of the buyer and seller in the international maritime cargo sale are not completely synchronized and the situation is very complicated. During seaborne, the goods may suffer various accidental losses, such as shipwreck, breakage, fire, moisture, leakage and other abnormal losses, which may cause damage and loss of the goods. When the risk is borne by the seller or buyer, it is directly related to the important interests of both parties, the seller and the buyer are very concerned about the transfer of the risk of goods. Therefore, the transfer of goods risk and its definition of time is a very important issue in international maritime cargo trading. Various countries legislate to this standard more or less, the numerous international economic law experts also began to carry on the thorough research to this. In international seaborne cargo trading, the parties may make an agreement on risk transfer, clarify the system and rules governing the risk burden of both parties, and clarify the risk burden of both parties so as to make it clearer, Fully understand the related risk transfer, clarify the relevant rights and obligations of both sides, at the same time, urge them to take effective measures to avoid various possible risks and to avoid or reduce their own economic losses as far as possible. This paper makes a comparative study on international and domestic legislation on goods risk transfer and related issues. This paper makes a comparative analysis of the international practice on the risk transfer of goods and the relevant contents of the international conventions, analyzes the legal basis of the relevant legislation of various countries, and extracts many points that can be used for reference. In the future, China should improve and perfect the relevant laws such as contract Law, Insurance Law, Maritime Law and so on, so as to make the risk transfer system of our country more concrete, standardized and systematic. And has stronger practical operation. Only in this way can we regulate the international trade practice of China's international maritime trade more effectively. This paper mainly discusses the following aspects: the first chapter describes the concept and historical development of international marine cargo insurance and insurance contract. The meaning of insurance risk, the legal characteristics of marine insurance contract and the insurance liability period of marine insurance are explained. The second chapter mainly analyzes the legal principle of marine cargo transport insurance. The main legal principles of international marine cargo insurance contract are the principle of maximum good faith, the principle of proximate cause, the principle of insurable benefit and the principle of compensation. The above principles are analyzed one by one in this paper.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D996.19;D922.294
本文编号：2305348
[Abstract]:International seaborne goods trade is an important part of international trade, especially after China's accession to the World Trade Organization, China's trade exports and imports keep increasing year by year. It is an important task to ensure the fair, safe and orderly sale of international goods such as international maritime trade. Most of the modern international trade in goods delivery cycle is relatively long and relatively complex, most of them have to be transported by air, land, sea, especially seaborne in the international trade of goods occupies a considerable proportion. The undertaking and completion of the obligations of the buyer and seller in the international maritime cargo sale are not completely synchronized and the situation is very complicated. During seaborne, the goods may suffer various accidental losses, such as shipwreck, breakage, fire, moisture, leakage and other abnormal losses, which may cause damage and loss of the goods. When the risk is borne by the seller or buyer, it is directly related to the important interests of both parties, the seller and the buyer are very concerned about the transfer of the risk of goods. Therefore, the transfer of goods risk and its definition of time is a very important issue in international maritime cargo trading. Various countries legislate to this standard more or less, the numerous international economic law experts also began to carry on the thorough research to this. In international seaborne cargo trading, the parties may make an agreement on risk transfer, clarify the system and rules governing the risk burden of both parties, and clarify the risk burden of both parties so as to make it clearer, Fully understand the related risk transfer, clarify the relevant rights and obligations of both sides, at the same time, urge them to take effective measures to avoid various possible risks and to avoid or reduce their own economic losses as far as possible. This paper makes a comparative study on international and domestic legislation on goods risk transfer and related issues. This paper makes a comparative analysis of the international practice on the risk transfer of goods and the relevant contents of the international conventions, analyzes the legal basis of the relevant legislation of various countries, and extracts many points that can be used for reference. In the future, China should improve and perfect the relevant laws such as contract Law, Insurance Law, Maritime Law and so on, so as to make the risk transfer system of our country more concrete, standardized and systematic. And has stronger practical operation. Only in this way can we regulate the international trade practice of China's international maritime trade more effectively. This paper mainly discusses the following aspects: the first chapter describes the concept and historical development of international marine cargo insurance and insurance contract. The meaning of insurance risk, the legal characteristics of marine insurance contract and the insurance liability period of marine insurance are explained. The second chapter mainly analyzes the legal principle of marine cargo transport insurance. The main legal principles of international marine cargo insurance contract are the principle of maximum good faith, the principle of proximate cause, the principle of insurable benefit and the principle of compensation. The above principles are analyzed one by one in this paper.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D996.19;D922.294
【引证文献】
相关硕士学位论文 前1条
1 董越;国际货物贸易中的货物所有权转移制度研究[D];哈尔滨工程大学;2012年
本文编号：2305348
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