Warranty, which is a vacancy of legislation in our national law of insurance, is the necessarily important part of the marine insurance. After discussing the concept of warranty, analysing its nature and the effect of...Warranty, which is a vacancy of legislation in our national law of insurance, is the necessarily important part of the marine insurance. After discussing the concept of warranty, analysing its nature and the effect of its breach, and comparing the distinc-tions between China and the U. K. in this respect, the article puts forward proposals for consummating and enforcing the regime in relation to warranties.展开更多
This Article introduces the debates within the insurance circlein China over the scope of covcrage of the PICC All Risks Term,the Administrative Explanations about this point made by thePeople’s Bank of China and the...This Article introduces the debates within the insurance circlein China over the scope of covcrage of the PICC All Risks Term,the Administrative Explanations about this point made by thePeople’s Bank of China and the relevant Judgments held by severalPeople’s Courts involving in this point, and then comes to the con-clusions that the coverage of the current PlCC All Risks Term isnow clarified as of named Risks. However by making a contrast be-tween PICC Terms and Institute Cargo Clauses (A ), and in consid-eration of the international trend in the definition of the covercdrisks, the writers boldly suggests that the coverage of the PICC AllRisks Term should be made more definite and perfect.展开更多
This article begins to introduce the relationship between latentdefect and ordinary wear and tear, then makes clear the source oflatent defect insured against and its essence. In order to understandthis concept of lat...This article begins to introduce the relationship between latentdefect and ordinary wear and tear, then makes clear the source oflatent defect insured against and its essence. In order to understandthis concept of latent defect, the article lists out its difference in hullinsurance and marine transport. The article advocates the four con-ditions to form the damages arising from latent defect, and consid-ers if the insured fails to prove the four conditions, the underwriterwill undoubtedly refuse to indemnify and that undertaking his bur-den of proof is not required. The article concentrates on describinghow the insured and the underwriter to do when carrying their bur-den of proof, what onus of proof the parties to assume, and howthe nature of damages to be determined when the court settles thiskind of cases and so on.展开更多
文摘Warranty, which is a vacancy of legislation in our national law of insurance, is the necessarily important part of the marine insurance. After discussing the concept of warranty, analysing its nature and the effect of its breach, and comparing the distinc-tions between China and the U. K. in this respect, the article puts forward proposals for consummating and enforcing the regime in relation to warranties.
文摘This Article introduces the debates within the insurance circlein China over the scope of covcrage of the PICC All Risks Term,the Administrative Explanations about this point made by thePeople’s Bank of China and the relevant Judgments held by severalPeople’s Courts involving in this point, and then comes to the con-clusions that the coverage of the current PlCC All Risks Term isnow clarified as of named Risks. However by making a contrast be-tween PICC Terms and Institute Cargo Clauses (A ), and in consid-eration of the international trend in the definition of the covercdrisks, the writers boldly suggests that the coverage of the PICC AllRisks Term should be made more definite and perfect.
文摘This article begins to introduce the relationship between latentdefect and ordinary wear and tear, then makes clear the source oflatent defect insured against and its essence. In order to understandthis concept of latent defect, the article lists out its difference in hullinsurance and marine transport. The article advocates the four con-ditions to form the damages arising from latent defect, and consid-ers if the insured fails to prove the four conditions, the underwriterwill undoubtedly refuse to indemnify and that undertaking his bur-den of proof is not required. The article concentrates on describinghow the insured and the underwriter to do when carrying their bur-den of proof, what onus of proof the parties to assume, and howthe nature of damages to be determined when the court settles thiskind of cases and so on.
