海上保险中潜在缺陷法律问题研究

发布时间：2018-06-16 03:17

本文选题：船舶保险 + 潜在缺陷　；参考：《大连海事大学》2012年硕士论文

【摘要】：潜在缺陷是海上保险的承保风险之一,是国际海上保险法中多年来颇有争议的一个问题。随着IHC02以及IHC03的相继颁布,国际海商法学界对于潜在缺陷的含义,潜在缺陷的具体适用等问题的讨论不绝于耳。目前,我国船舶保险关于潜在缺陷的诸多问题存在法律空白,导致在实践中的适用存有争议,因此完善我国船舶保险法中的潜在缺陷法律规定具有重要意义。本文通过对潜在缺陷的含义、潜在缺陷与内在缺陷的具体辨析、潜在缺陷的国内外法律规定、潜在缺陷的具体分析、以及潜在缺陷中恪尽职责、设计缺陷、船舶适航等问题的探讨试图说明潜在缺陷在我国的具体情况以及应作出的改变。本文运用比较法,案例分析法围绕潜在缺陷的最新观点进行论述与分析,并提出了对我国目前条款的的完善建议。论文由引言、正文、和结论组成。引言主要说明了论文的结构、主题、以及主要研究范围。第一部分笔者介绍了潜在缺陷的含义、正常磨损的含义、潜在缺陷与正常磨损的区分以及潜在缺陷的历史沿革和发展。通过第一部分对潜在缺陷进行初步的概述。文章第二部分对潜在缺陷与内在缺陷进行了具体辨析。重点分析了内在缺陷的概念及适用,指出了潜在缺陷与内在缺陷的区别。文章的第三部分,具体阐述了殷其玛瑞条款的历史发展、殷其玛瑞条款与潜在缺陷的关系、船舶保险潜在缺陷的来源及发展、关于潜在缺陷的国内外法律规定的发展；以及潜在缺陷的具体分析,包括潜在缺陷的承保范围、保险人的赔偿责任,潜在缺陷中恪尽职责、设计缺陷、船舶适航等问题,并引用了案例进行论证。最后本文根据实际情况,阐述了潜在缺陷在我国的发展情况以及提出了我国海商法和海上保险条款应当根据国际趋势和实践情况作出的改变,即：严格界定船舶潜在缺陷的含义、明确承保范围等结论。
[Abstract]:Potential defect is one of the underwriting risks of marine insurance, and it is a controversial issue in international marine insurance law for many years. With the promulgation of IHC02 and IHC03, international maritime law circles have been discussing the meaning of potential defects and the application of potential defects. At present, there are many legal gaps in our country's ship insurance about potential defects, which lead to the dispute of its application in practice. Therefore, it is of great significance to perfect the law of potential defects in our country's ship insurance law. In this paper, the meaning of potential defects, the specific discrimination between potential defects and internal defects, the domestic and foreign legal provisions of potential defects, the specific analysis of potential defects, and the due diligence of potential defects, the design defects, The discussion of ship seaworthiness attempts to explain the specific situation of potential defects in China and the changes that should be made. This paper uses comparative method and case analysis method to discuss and analyze the latest viewpoints of potential defects, and puts forward some suggestions to improve the present terms of our country. The paper consists of introduction, text, and conclusion. The introduction mainly explains the structure, the theme and the main research scope of the thesis. In the first part, the author introduces the meaning of potential defect, the meaning of normal wear, the distinction between potential defect and normal wear, and the history and development of potential defect. Through the first part of the potential defects of a preliminary overview. The second part of the article analyzes the potential defects and internal defects. The concept and application of internal defect are analyzed, and the difference between latent defect and internal defect is pointed out. In the third part of the article, the historical development of the Yin Qi Mari clause, the relationship between the Yin Qi Mari clause and the potential defects, the origin and development of the potential defects in ship insurance, and the development of the domestic and foreign laws and regulations on the potential defects are elaborated in detail. The concrete analysis of potential defects, including the scope of underwriting potential defects, the liability of the insurer, the due diligence of potential defects, the design defects, the seaworthiness of ships, and so on, are discussed in this paper. Finally, according to the actual situation, this paper expounds the development of potential defects in our country and puts forward the changes of maritime law and marine insurance clauses that should be made according to the international trend and practice. That is: strictly define the meaning of the ship's potential defects, clear coverage and other conclusions.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D922.284

【引证文献】