On the principle of utmost good faith marine insurance
|Keywords||Marine Insurance Maximum principle of good faith|
This paper intends to English law as the main object of study, reference and important case under national law, combined with our own laws, to the largest marine insurance contracts in good faith, some basic issues, such as the concept of the principle of utmost good faith, origin, given the obligations of the parties, and consequences of violation of the relevant provisions of law and other issues, a preliminary study. Paper is divided into six parts. The first part is the introduction. This section briefly describes the history of the development of marine insurance, the object of this study presented - the largest marine insurance principle of good faith. The second part is an overview. This section analyzes the concept of the principle of utmost good faith, nature and effect. Then demonstrated the principle of utmost good faith in accordance with established and introduced it in the legal form of expression. The third part is the principle of good faith. Derived from the principle of utmost good faith principle of good faith in this part of the paper describes the principle of good faith in the course of development and the presence of base and analyzes it in our country as well as its legal manifestation of the principle of utmost good faith with the link between The fourth part is the main content of the principle of utmost good faith. This part is also central to this article, is divided into five questions. The first problem is to inform. First introduced to inform the broad and narrow sense. Then inform the scope, timing, degree, etc. of the analysis made. Finally focuses on the critical situation of the various criteria and made the author comments. The second problem is stated. Analysis of the concepts and types of statements and made representations and told there are many similarities, many of the provisions of this obligation also applies to state obligations. The third problem is guaranteed. Mainly from the guarantee concept, nature, types and terms of abstention and continuous coverage and other aspects were analyzed. The fourth problem is the principle of utmost good faith bound objects. Analysis of the principle of good faith is not only constrained maximum insured and the insurer, its insurers and insurance agents are binding. The fifth question is a violation of the principle of utmost good faith legal consequences. First to English law and French law as the main reference for the violation of the principle of utmost good faith may have several legal consequences are analyzed, and then put forward the author's view that the amendment to the contract shall terminate the contract with the combined use of two ways. The fifth part is relevant provisions of our laws. In this part the author analyzes three aspects. The first is China's \out revisions. Then our other laws relating to the relevant provisions of the principle of utmost good faith, mainly related to the \Finally discusses how after China's accession to grumble better implement the principle of utmost good faith marine insurance, the author presents some of the comments. Part VI is the conclusion. This paper discusses the main elements for a brief summary.