海上保险合同告知义务的履行

Fulfillment of duty of disclosure in marine insurance contract

根据我国《海商法》,在海上保险合同订立前,被保险人对保险人负有告知义务。结合我国有关案例和最高人民法院的意见对告知义务的履行加以简要分析,认为在被保险人履行告知义务时,保险人同样有了解并评估风险的义务,否则将可能丧失主张被保险人违反告知义务的权利。

Under Chinese Maritime Code, before a marine insurance contract is concluded ,the assured should fulfill a duty of disclosure to the insurer. This paper make a brief analysis on the basis of a Chinese maritime case and relevant opinion of the supreme People＇ s Court of China and holds that in the course of the assured fulfill the duty of disclosure, the insurer shall be under obligation to acquaint himself with and assess the risk, failing which the insurer may not he allowed to exercise its remedy for the assured＇s breachof duty of disclosure;