海上保险委付研究

Research on the Abandonment of Marine Insurance

委付是海上保险中的一项重要制度,但各国规定有所不同。我国《海商法》中相关规定有待完善和明确。委付只适用于推定全损;委付行为是单方行为,属于要约;委付的成立必须有明确的意思表示,且不得附带条件;委付一经保险人接受,不得撤销,而不是撤回。

Abandonment is an important system in marine insurance, which is different in countries. Some regulations in our Marine Code need to be perfected and clarified. Such as abandonment is adopt to C.T.L., and abandonment is a unilateral action that belongs to offer. It' s establishment must have a clear will with no terms. Once the insurant accepted it whey can never quash but not withdraw it.