保賠保險合同法律制度研究
發(fā)布時間：2018-07-21 09:21
【摘要】：保賠保險,是指船東根據保賠保險合同的約定,向保賠協會支付會費,保賠協會對入會船東所有(或者租用、管理)的船舶的潛在責任風險、與營運有關的可能的損失以及由此引起的費用所提供的保障與賠償。保賠保險是一種特殊的海上保險,伴隨著海上風險的增加和海上責任制度的發(fā)展,它在海上保險中的地位日益突出。但是,各國立法對保賠保險的規(guī)定很不完善,理論上對保賠保險制度作專門研究者亦很少見。有鑒于此,本文選取保賠保險制度中的一個核心問題——保賠保險合同作為題目加以研究,希望通過考察各國(主要是英美法系國家)的立法和實踐,結合海上保險合同法的基礎理論,深化這一領域的研究,使我國的相關立法更趨于完善。 本文除導言和結語外,共分五章。第一章是關于保賠保險合同的概述,分別探討保賠保險的性質、沿革,保賠協會的法律地位及作用,保賠保險合同的主體和內容。保賠保險不同于一般的商業(yè)保險,最根本的一點就在于保賠保險是一種互保性的保險。保賠協會是保賠保險的提供者,是由船東自治、自享而形成的聯盟,是航運業(yè)的一個偉大創(chuàng)舉。保賠協會在性質上屬于保險法上的相互保險社,它對海上貨物運輸、船舶污染、海難救助等海上責任制度的發(fā)展具有重要影響。保賠保險合同是保賠協會與會員之間以保賠保險為目的而訂立的合同,它不是一個單一的合同文本,而是由包括入會證書、協會章程、協會規(guī)定、保險條款等諸多文件構成的一個整體。其中入會證書是保賠保險合同的證明,而協會保險條款則是保賠保險合同的核心。 第二章論述保賠保險合同的性質和海上保險法對保賠保險合同的適用。保賠保險合同的性質,是確定可適用法律的基礎和前提。保賠保險合同雖名為保險合同,但關于其性質的追問,在理論和實務界一直都沒有停止過。一般而言,保賠協會與會員之間的安排構成保險合同,但是,風險延展條款下的安排除外,因為在該種情形下,會員對保賠協會不具有法律上的請求權,保賠協會僅在特定的情形下考慮是否給予寬限支付。在保賠保險合同下,保賠協會主要是為會員船東在海上經營中所面臨的潛在責任風險和
[Abstract]:P & I insurance is defined as the potential liability risk of a ship owned (or chartered or managed) by the IPA to pay a membership fee to the PIA in accordance with the provisions of the PICC contract. Possible losses related to operation and the protection and compensation of the resulting costs. With the increase of marine risk and the development of marine liability system, the position of insurance is becoming more and more prominent. However, the regulations of the national legislation on the insurance are not perfect, and it is rare to make a special research on the insurance system in theory. In view of this, this paper chooses the insurance contract as a key issue in the insurance system, hoping to study the legislation and practice of various countries (mainly common law countries). Combined with the basic theory of marine insurance contract law, the research in this field is deepened, which makes the relevant legislation of our country more perfect. In addition to the introduction and conclusion, this article is divided into five chapters. The first chapter is an overview of the insurance contract, which discusses the nature, evolution, legal status and role of the insurance association, the main body and content of the insurance contract. Insurance is different from general commercial insurance, the most fundamental point is that insurance is a kind of mutual insurance. The Protective and Indemnity Association (PIA) is an alliance formed by shipowners' autonomy and self-interest, which is a great innovation of the shipping industry. The Society for the Protection and Indemnity belongs to the mutual insurance society in the law of insurance, which has an important influence on the development of marine liability system such as the carriage of goods by sea, the pollution of ships, the salvage of ships, and so on. The PICC contract is a contract concluded between the PICC and its members for the purpose of insurance-indemnity insurance. It is not a single contract text, but is stipulated by the association, including the certificate of admission, the articles of association, and the association. A whole of documents such as insurance clauses. The membership certificate is the proof of the insurance contract, and the insurance clause of the association is the core of the insurance contract. The second chapter discusses the nature of the insurance contract and the application of marine insurance law to the insurance contract. The nature of the insurance contract is the basis and premise of the applicable law. Although the insurance contract is called the insurance contract, the inquiry about its nature has never stopped in theory and practice. Generally speaking, an arrangement between the PICC and its members constitutes an insurance contract, with the exception of the arrangement under the risk extension clause, in which case the member does not have a legal claim against the PRI, The Protective and Indemnity Association considers whether to grant relief only in certain circumstances. Under the insurance contract, the association is primarily responsible for the potential liability risks faced by member shipowners in their operations at sea and
【學位授予單位】：武漢大學
【學位級別】：博士
【學位授予年份】：2005
【分類號】：D912.28;D913
本文編號：2135066
[Abstract]:P & I insurance is defined as the potential liability risk of a ship owned (or chartered or managed) by the IPA to pay a membership fee to the PIA in accordance with the provisions of the PICC contract. Possible losses related to operation and the protection and compensation of the resulting costs. With the increase of marine risk and the development of marine liability system, the position of insurance is becoming more and more prominent. However, the regulations of the national legislation on the insurance are not perfect, and it is rare to make a special research on the insurance system in theory. In view of this, this paper chooses the insurance contract as a key issue in the insurance system, hoping to study the legislation and practice of various countries (mainly common law countries). Combined with the basic theory of marine insurance contract law, the research in this field is deepened, which makes the relevant legislation of our country more perfect. In addition to the introduction and conclusion, this article is divided into five chapters. The first chapter is an overview of the insurance contract, which discusses the nature, evolution, legal status and role of the insurance association, the main body and content of the insurance contract. Insurance is different from general commercial insurance, the most fundamental point is that insurance is a kind of mutual insurance. The Protective and Indemnity Association (PIA) is an alliance formed by shipowners' autonomy and self-interest, which is a great innovation of the shipping industry. The Society for the Protection and Indemnity belongs to the mutual insurance society in the law of insurance, which has an important influence on the development of marine liability system such as the carriage of goods by sea, the pollution of ships, the salvage of ships, and so on. The PICC contract is a contract concluded between the PICC and its members for the purpose of insurance-indemnity insurance. It is not a single contract text, but is stipulated by the association, including the certificate of admission, the articles of association, and the association. A whole of documents such as insurance clauses. The membership certificate is the proof of the insurance contract, and the insurance clause of the association is the core of the insurance contract. The second chapter discusses the nature of the insurance contract and the application of marine insurance law to the insurance contract. The nature of the insurance contract is the basis and premise of the applicable law. Although the insurance contract is called the insurance contract, the inquiry about its nature has never stopped in theory and practice. Generally speaking, an arrangement between the PICC and its members constitutes an insurance contract, with the exception of the arrangement under the risk extension clause, in which case the member does not have a legal claim against the PRI, The Protective and Indemnity Association considers whether to grant relief only in certain circumstances. Under the insurance contract, the association is primarily responsible for the potential liability risks faced by member shipowners in their operations at sea and
【學位授予單位】：武漢大學
【學位級別】：博士
【學位授予年份】：2005
【分類號】：D912.28;D913
【引證文獻】
相關期刊論文 前2條
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相關碩士學位論文 前7條
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，本文編號：2135066
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