船舶所有人对光租船船舶保险赔偿的请求权及其诉讼时效的法律适用

Shipowner's right of claim for the insurance payment of compensation of bareboat chartered ship and the law application regarding the time bar of such claim

船舶所有人对光租船有保险利益,对船舶保险赔款具有诉权。光租合同纠纷已经判决,但在执行中未得清偿,依不真正连带之债的原理,被保险人仍有权根据船舶保险合同关系就船舶损失向保险人索赔。海上保险合同诉讼时效中断适用《中华人民共和国海商法》第267条第1款的规定,但在适用该条文时,应对语义进行恰当的解释。

The shipowner has the insurable interest in the ship and is entitled to claim for the payment of compensation under the hull insurance. The judgement in respect of the dispute of bareboat charter has been made, but fails to be enforced. As a result, based on the principle of unreal joint and several liability, the insured is still entitled to suing the insurer for the loss of ship in according to the insurance contract. Paragraph 1 of Article 267 of CMC sets out provisions for discontinuance of the time bar for marine insurance contract, however, such provisions need to be properly interpreted.