Warranties in marine insurance : a survey of English law and other jurisdications with a view to remodelling the Chinese law
Warranties in marine insurance : a survey of English law and other jurisdications with a view to remodelling the Chinese law
The doctrine of marine insurance warranties originated in English law in the seventeenth century and it is familiar to many jurisdictions that have been influenced by English law. It is submitted that the rationale of warranty is that the insurer only accepts the risk provided that the warranty is fulfilled. The doctrine of warranty was necessary when it was introduced into the common law over three hundred years ago; however, today it causes great hardship for the insured in both marine and non-marine insurance contracts.
There is a case for the reform of English law of insurance warranties. The Law Commission of England and Wales examined the problem in 1980 but so far no reform has been implemented in the marine insurance sector. English courts have been trying to alleviate the harshness of current law by way of judicial constructions of contracts. This has not been very successful. Considering the international practice of marine insurance law in other jurisdictions, the reform of English law in this area is overdue. In January 2006, the Law Commission launched a new project to investigate the possibility of reform in general insurance contract law. This seems to be a golden opportunity of introducing reforms in marine insurance warranties.
As influenced by the English Marine Insurance Act 1906, Chinese marine insurance law also recognizes the concept of warranty. However, there is some divergence between Chinese law and English law relating to warranties. Recently, there is a call for remodeling marine insurance law in China. Warranty is one of the hot topics among the list. This research is aimed to analyze the problems of the current regime of marine insurance warranties in English and Chinese law with a comparative study of other jurisdictions and seek the avenues open to the remodeling of warranties in Chinese marine insurance law.
University of Southampton
Han, Wenhao
805f2d6f-fa14-4b2a-b29c-e91bda85697e
2006
Han, Wenhao
805f2d6f-fa14-4b2a-b29c-e91bda85697e
Han, Wenhao
(2006)
Warranties in marine insurance : a survey of English law and other jurisdications with a view to remodelling the Chinese law.
University of Southampton, Doctoral Thesis.
Record type:
Thesis
(Doctoral)
Abstract
The doctrine of marine insurance warranties originated in English law in the seventeenth century and it is familiar to many jurisdictions that have been influenced by English law. It is submitted that the rationale of warranty is that the insurer only accepts the risk provided that the warranty is fulfilled. The doctrine of warranty was necessary when it was introduced into the common law over three hundred years ago; however, today it causes great hardship for the insured in both marine and non-marine insurance contracts.
There is a case for the reform of English law of insurance warranties. The Law Commission of England and Wales examined the problem in 1980 but so far no reform has been implemented in the marine insurance sector. English courts have been trying to alleviate the harshness of current law by way of judicial constructions of contracts. This has not been very successful. Considering the international practice of marine insurance law in other jurisdictions, the reform of English law in this area is overdue. In January 2006, the Law Commission launched a new project to investigate the possibility of reform in general insurance contract law. This seems to be a golden opportunity of introducing reforms in marine insurance warranties.
As influenced by the English Marine Insurance Act 1906, Chinese marine insurance law also recognizes the concept of warranty. However, there is some divergence between Chinese law and English law relating to warranties. Recently, there is a call for remodeling marine insurance law in China. Warranty is one of the hot topics among the list. This research is aimed to analyze the problems of the current regime of marine insurance warranties in English and Chinese law with a comparative study of other jurisdictions and seek the avenues open to the remodeling of warranties in Chinese marine insurance law.
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Published date: 2006
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Local EPrints ID: 465952
URI: http://eprints.soton.ac.uk/id/eprint/465952
PURE UUID: 443e9c56-d782-4965-88da-9ebe626d48f2
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Date deposited: 05 Jul 2022 03:46
Last modified: 16 Mar 2024 20:27
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Author:
Wenhao Han
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