Study on Revision of Disclosure Obligation Under Marine Insurance Clauses in Chinese Maritime Law

Li Junfeng; Wang Deling; Wang Yubao

doi:doi:10.11648/j.ijber.20200903.12

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Study on Revision of Disclosure Obligation Under Marine Insurance Clauses in Chinese Maritime Law

Li Junfeng, Wang Deling, Wang Yubao

Published in International Journal of Business and Economics Research (Volume 9, Issue 3)

Received: 5 March 2020 Accepted: 8 April 2020 Published: 23 April 2020

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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.

Published in	International Journal of Business and Economics Research (Volume 9, Issue 3)
DOI	10.11648/j.ijber.20200903.12
Page(s)	103-108
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2020. Published by Science Publishing Group

Keywords

Revision, CMC, Disclosure Obligation, IA2015, MIA1906

References

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[2]	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.
[3]	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.
[4]	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.
[5]	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.
[6]	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
[7]	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.
[8]	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.
[9]	John Birds, Ben Lynch, Simon Milnes. Mac Gillivray on Insurance Law. 12th, London: Sweet & Maxwell, 2012. para. 17-003..
[10]	R. Merkin, Colinvaux’s Law of Insurance [M]. 11th edn, Sweet & Maxwell 2017 at 6-006.
[11]	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.
[12]	Özlem Gürses. Marine Insurance Law [M]. Taylor & Francis, 2016. At page 51.
[13]	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.
[14]	Hjalmarsson Johanna, Huang Dingjing. Insurance Law in China [M]. CRC Press, 2014. At page 103.
[15]	Guo Yu. The Spirit of Maritime Law-China's Practice and Theory [M]. Peking University Press. 2005: 87.

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APA Style

Li Junfeng, Wang Deling, Wang Yubao. (2020). Study on Revision of Disclosure Obligation Under Marine Insurance Clauses in Chinese Maritime Law. International Journal of Business and Economics Research, 9(3), 103-108. https://doi.org/10.11648/j.ijber.20200903.12

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ACS Style

Li Junfeng; Wang Deling; Wang Yubao. Study on Revision of Disclosure Obligation Under Marine Insurance Clauses in Chinese Maritime Law. Int. J. Bus. Econ. Res. 2020, 9(3), 103-108. doi: 10.11648/j.ijber.20200903.12

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AMA Style

Li Junfeng, Wang Deling, Wang Yubao. Study on Revision of Disclosure Obligation Under Marine Insurance Clauses in Chinese Maritime Law. Int J Bus Econ Res. 2020;9(3):103-108. doi: 10.11648/j.ijber.20200903.12

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@article{10.11648/j.ijber.20200903.12,
  author = {Li Junfeng and Wang Deling and Wang Yubao},
  title = {Study on Revision of Disclosure Obligation Under Marine Insurance Clauses in Chinese Maritime Law},
  journal = {International Journal of Business and Economics Research},
  volume = {9},
  number = {3},
  pages = {103-108},
  doi = {10.11648/j.ijber.20200903.12},
  url = {https://doi.org/10.11648/j.ijber.20200903.12},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijber.20200903.12},
  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.},
 year = {2020}
}

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TY  - JOUR
T1  - Study on Revision of Disclosure Obligation Under Marine Insurance Clauses in Chinese Maritime Law
AU  - Li Junfeng
AU  - Wang Deling
AU  - Wang Yubao
Y1  - 2020/04/23
PY  - 2020
N1  - https://doi.org/10.11648/j.ijber.20200903.12
DO  - 10.11648/j.ijber.20200903.12
T2  - International Journal of Business and Economics Research
JF  - International Journal of Business and Economics Research
JO  - International Journal of Business and Economics Research
SP  - 103
EP  - 108
PB  - Science Publishing Group
SN  - 2328-756X
UR  - https://doi.org/10.11648/j.ijber.20200903.12
AB  - 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.
VL  - 9
IS  - 3
ER  -

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Author Information

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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Plain Text BibTeX RIS

APA Style

Li Junfeng, Wang Deling, Wang Yubao. (2020). Study on Revision of Disclosure Obligation Under Marine Insurance Clauses in Chinese Maritime Law. International Journal of Business and Economics Research, 9(3), 103-108. https://doi.org/10.11648/j.ijber.20200903.12

Copy | Download

ACS Style

Li Junfeng; Wang Deling; Wang Yubao. Study on Revision of Disclosure Obligation Under Marine Insurance Clauses in Chinese Maritime Law. Int. J. Bus. Econ. Res. 2020, 9(3), 103-108. doi: 10.11648/j.ijber.20200903.12

Copy | Download

AMA Style

Li Junfeng, Wang Deling, Wang Yubao. Study on Revision of Disclosure Obligation Under Marine Insurance Clauses in Chinese Maritime Law. Int J Bus Econ Res. 2020;9(3):103-108. doi: 10.11648/j.ijber.20200903.12

Copy | Download

@article{10.11648/j.ijber.20200903.12,
  author = {Li Junfeng and Wang Deling and Wang Yubao},
  title = {Study on Revision of Disclosure Obligation Under Marine Insurance Clauses in Chinese Maritime Law},
  journal = {International Journal of Business and Economics Research},
  volume = {9},
  number = {3},
  pages = {103-108},
  doi = {10.11648/j.ijber.20200903.12},
  url = {https://doi.org/10.11648/j.ijber.20200903.12},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijber.20200903.12},
  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.},
 year = {2020}
}

Copy | Download

TY  - JOUR
T1  - Study on Revision of Disclosure Obligation Under Marine Insurance Clauses in Chinese Maritime Law
AU  - Li Junfeng
AU  - Wang Deling
AU  - Wang Yubao
Y1  - 2020/04/23
PY  - 2020
N1  - https://doi.org/10.11648/j.ijber.20200903.12
DO  - 10.11648/j.ijber.20200903.12
T2  - International Journal of Business and Economics Research
JF  - International Journal of Business and Economics Research
JO  - International Journal of Business and Economics Research
SP  - 103
EP  - 108
PB  - Science Publishing Group
SN  - 2328-756X
UR  - https://doi.org/10.11648/j.ijber.20200903.12
AB  - 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.
VL  - 9
IS  - 3
ER  -

Copy | Download