国.际贸易法Chapter4MarineInsurance演示文稿.ppt

Chapter 4 Marine Insurance Unit 1 Brief Introduction Unit 2 Perils and Losses Unit 3 Insurance Coverage Unit 4 Indemnify the loss Unit 1 Brief Introduction 1.1 Relevant Laws 1.2 Definition and Legal Nature 1.3 Fundamental Principles 1.4 Conclusion, Termination and Assignment of Contract 1.5 Marine Insurance Policies and Certificates 1.6 Obligations of parties 1.1 Relevant Laws 1. UK The (UK) Marine Insurance Act of 1906 2. U.S. The McCarran-Ferguson Act 3. CN The Maritime Code of the PRC (Maritime Code) 1.2 Definition and Legal Nature 1. Definition A contract whereby the insurer undertakes, as agreed, to indemnify[1] the loss to the subject matter insured and the liability of the insured caused by perils[2] covered by the insurance against the payment of an insurance premium[3] by the insured. (Maritime code 216)[1] 补偿[2] 风险[3] 保险费 2. General Features[1] (1) Contract of Indemnity[2] [1] 法律性质 [2] 补偿性合同 (2) Bilateral Contract[1] For example, “Suzette Seller promises to sell her house to Bobby Buyer and Buyer promises to pay Seller $100,000 for it.” Vs. “unilateral contract” (3) Consensual Contract[2] A contract formed merely by consent. l?? Vs. Real Contract Contract is formed by the mere consent of the parties. (4) Informal Contract[1], but always standard Contract[2] [1] 非要式合同[2] 格式合同 (5) Aleatory contract [1] [1] 射幸合同 1.3 Fundamental Principles 1. Indemnity Principle 2. Principle of Insurable Interest 3. Principle of Utmost Good Faith 1. Indemnity Principle The insured should not profit from a loss or damage but should be returned (as near as possible) to the same financial position that existed before the loss or damage occurred. 2. Principle of Insurable Interest An insurable interest refers to the interest which the applicant has in the subject matter of the insurance and is recognized by laws. 3 factors: Must be legal Must be of financial valuation Must be definite Qs: Is It Insurable Interest? A本打算与B签订长期的协议，但A由于意外事件而未能与B签