Study on Revision of Disclosure Obligation Under Marine Insurance Clauses in Chinese Maritime Law
International Journal of Business and Economics Research
Volume 9, Issue 3, June 2020, Pages: 103-108
Received: Mar. 5, 2020;
Accepted: Apr. 8, 2020;
Published: Apr. 23, 2020
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Li Junfeng, Law School, Shanghai Maritime University, Shanghai, China
Wang Deling, Merchant Marine College, Shanghai Maritime University, Shanghai, China
Wang Yubao, Law School, Shanghai Maritime University, Shanghai, China
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Since implemented on July 1, 1993, the Maritime Code of the People's Republic of China has played an irreplaceable role in adjusting the legal relationship in maritime commerce. In recent years, great changes have taken place in the practice of international shipping. To further meet the practical needs of international shipping and judicial practice, the revision of the Maritime Code of the People's Republic of China (for short is CMC) has been put on the agenda officially. The obligation of disclosure occupies an important position in the entire marine insurance legal system, and has continuously changed and evolved over hundreds of years. As the birthplace of marine insurance law, the United Kingdom passed a new insurance law in 2015, named as Insurance Act (IA2015), abolishing the unlimited notification mode for the insured existed for more than 100 years, and introducing a fair presentation obligation and related relief mechanism, which can be described as a revolutionary measure. At present, China's marine insurance is booming, and marine insurance activities need to be guided by accurate, mature and complete legal provisions. Research on the reform of the disclosure obligation model combined with the development of the British insurance law, clarifying its connotation and specific content is helpful to promote relevant adaptation in China, and has important theoretical significance and practical value for revising relevant sections of CMC.
Revision, CMC, Disclosure Obligation, IA2015, MIA1906
To cite this article
Study on Revision of Disclosure Obligation Under Marine Insurance Clauses in Chinese Maritime Law, International Journal of Business and Economics Research.
Vol. 9, No. 3,
2020, pp. 103-108.
Copyright © 2020 Authors retain the copyright of this article.
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Wang Shumei, Hou Wei. Some opinions on the revision of the Maritime Code Chinese [J]. Journal of Maritime Law. 2010, 21 (2): 3-5.
Attilio M. Costabel. “Utmost Good Faith” in Marine Insurance: A Message on the State of the Dis-Union [J]. Journal of Maritime Law & Commerce, Vol. 48, No. 1, January, 2017, p 1.
He Lixin, Liang Jiacheng. Report on the 25-year judicial application of the Chinese Maritime Code [J]. Chinese Journal of Maritime Law. Vol. 29 No. 2. p 42.
Zhu Zengjie. Review and prospect on the Maritime Code of the People’s Republic of China [J]. Chinese Journal of Maritime Law. Vol. 24 No. 3. p 3.
Chen Lunlun, Yan Yunzhi. Forty Years of Chinese Maritime Law: Historical Development and Prospect [A]. Journal of Zhejiang Ocean University (Humanities Science). 2019 Vol. 36 No. 3.
Li Guoguang. Playing the maritime judicial functions and promoting the development of maritime legal system [J]. Chinese Journal of Maritime Law. 2012, 23 (3): 3-5
Jonathan Gilman, Robert Merkin, Claire Blanchard, Mark Templeman. Arnould’s Law of Marine Insurance and Average [M]. 18th, London: Sweet & Maxwell, 2013. At page 599.
Chang Kaunchun. Commentaries on the Recent Amendment of the Insurance Law of the People's Republic of China Regarding Insurance Contracts from the Perspective of Comparative Law [J]. Washington University Global Studies Law Review, 2011 Vol. 10 Issue 4. At page 764.
John Birds, Ben Lynch, Simon Milnes. Mac Gillivray on Insurance Law. 12th, London: Sweet & Maxwell, 2012. para. 17-003..
R. Merkin, Colinvaux’s Law of Insurance [M]. 11th edn, Sweet & Maxwell 2017 at 6-006.
Yang Yiqing. The Past and Future of Utmost Good Faith: A Comparative Study Between English and Chinese Insurance Law [D]. University of Exeter. January, 2017. At page 135.
Özlem Gürses. Marine Insurance Law [M]. Taylor & Francis, 2016. At page 51.
Jing Zhen. Remedies for Breach of the Pre-contract Duty of Disclosure in Chinese Insurance Law [J]. Connecticut Insurance Law Journal. March, 2017. Volume 23 At page 5.
Hjalmarsson Johanna, Huang Dingjing. Insurance Law in China [M]. CRC Press, 2014. At page 103.
Guo Yu. The Spirit of Maritime Law-China's Practice and Theory [M]. Peking University Press. 2005: 87.