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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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Authors
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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Abstract
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.
Keywords
Revision, CMC, Disclosure Obligation, IA2015, MIA1906
To cite this article
Li Junfeng, Wang Deling, Wang Yubao, 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. doi: 10.11648/j.ijber.20200903.12
Copyright
Copyright © 2020 Authors retain the copyright of this article.
This article is an open access article distributed under the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0/) which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
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