A Comparative Study on Marine Transport Contract and Marine Insurance Contract with Reference to Unseaworthiness

2021 ◽  
Vol 25 (2) ◽  
pp. 152-177
Author(s):  
Jee-Moon Park
Keyword(s):  
Comparative Study ◽  
Insurance Contract ◽  
Marine Insurance ◽  
Marine Transport

FUNDAMENTAL PRINCIPLES OF MARINE INSURANCE

ANCIENT LAND ◽  
2021 ◽  
Vol 04 (02) ◽  
pp. 46-48
Author(s):  
Tahmina Shahin Alizada ◽  
Keyword(s):  
Key Words ◽  
Insurance Industry ◽  
Good Faith ◽  
Insurance Contract ◽  
Basic Knowledge ◽  
Marine Insurance ◽  
Insurance Law ◽  
Legal Principles ◽  
Insurable Interest ◽  
Utmost Good Faith

The article describes the fundamental principles of marine insurance. It mainly examines the principle of "utmost good faith" which is the cornerstone of insurance law. The main aim of an article is to help the reader to gain basic knowledge and understanding of the legal principles of marine insurance. The fundamental principles governing marine insurance are very helpful in the assessment of loss and the claim in the maritime insurance industry. As in all contracts of insurance on the property, also marine insurance contract is based on the fundamental principles. Key words: marine insurance, Marine Insurance Act 1906, principles of marine insurance, utmost good faith, insurable interest

27. Insurance

2017 ◽  
Author(s):  
MA Clarke ◽  
RJA Hooley ◽  
RJC Munday ◽  
LS Sealy ◽  
AM Tettenborn ◽  
...  
Keyword(s):  
Insurance Contract ◽  
Marine Insurance ◽  
Insurance Claims ◽  
Insurance Law ◽  
Insurable Interest ◽  
Insurance Contracts

This chapter deals with insurance and the principles of insurance law. Contracts of insurance may be subdivided into two categories: indemnity insurance and contingency insurance. Under a contract of insurance, the event insured against is interpreted to be uncertain, either in the sense that it may or may not occur, or that the time of the occurrence is uncertain. This chapter first explains how insurance works, with a particular focus on insurable interest, the statutes that govern insurance contracts, and the power of the Financial Conduct Authority to authorise persons wishing to conduct business as insurers. It then considers how an insurance contract is formed and goes on to describe the content and interpretation of the contract. It also discusses the liability and rights of the insurer before concluding with an analysis of marine insurance and insurance claims.

scholarly journals THE COMMITMENT OF CRUISE TOUR OPERATORS TO THE TOURIST SAFETY AND SECURITY IN THE ALGERIAN LAW (COMPARATIVE STUDY)

2021 ◽  
Vol 03 (06) ◽  
pp. 56-79
Author(s):  
Khouadjia Samiha HANENE
Keyword(s):  
Comparative Study ◽  
Legal System ◽  
Tourism Industry ◽  
Cruise Ship ◽  
Marine Tourism ◽  
Marine Transport ◽  
Passenger Ships ◽  
Residence Location ◽  
Responsibility System ◽  
Tour Operator

Marine transport has developed worldwide. As a result, the design of passenger ships has improved since they are considered the main residence location of passengers and tourists. Thus, ships have become floating hotels, where recreational activities, leisure and celebrations are found. This has turned cruise tours have into a lucrative business. Alongside the boom that marine tourism has witnessed as one of the most dynamic sectors in the tourism industry, tragic events, that cannot be ignored, took place. One of these events was the sinking of the Costa Concordia cruise ship in 2012 that caused many deaths and injuries among passengers and tourists on board. This event evokes the question of the responsibility of cruise tour operators, its range and its limits. In contrast with the Egyptian and French laws that distinguish between the responsibility system of the tour operator and that of the marine transporter, the Algerian law does not make any distinction between the two systems, resulting in legal shortcomings in the case of damage that affects tourists. This latter is subject to the marine transporter legal system concerning commitment and responsibility, where the damage must be in relation to the use of the ship, which implies that bodily and material damages are not included, resulting in the decrease in the protection expectation level of the tourist consumer. In addition to the above, the lack of a distinction between the two responsibility systems leads to the multiplication of law sources and to the difficulty of its legal characterization that helps in determining the responsibility of the professionals held responsible for the tourist safety and committed to their security.

27. Insurance

2020 ◽  
pp. 997-1010
Author(s):  
D Fox ◽  
RJC Munday ◽  
B Soyer ◽  
AM Tettenborn ◽  
PG Turner
Keyword(s):  
Insurance Contract ◽  
Marine Insurance ◽  
Insurance Claims ◽  
Insurance Law ◽  
Insurable Interest ◽  
Insurance Contracts

This chapter deals with the principles of insurance law. First, the chapter explains how insurance works, with a particular focus on insurable interest, the statutes that govern insurance contracts, and the power of the Financial Conduct Authority to authorise persons wishing to conduct business as insurers. The chapter then considers how an insurance contract is formed and goes on to describe the content and interpretation of the contract. It also discusses the liability and rights of the insurer before concluding with an analysis of marine insurance and insurance claims.

scholarly journals The Choice of Law Issues in Marine Insurance Disputes Resolution in Indonesia

FIAT JUSTISIA ◽  
2018 ◽  
Vol 11 (2) ◽  
pp. 97
Author(s):  
Marnia Rani
Keyword(s):  
United Kingdom ◽  
Insurance Contract ◽  
Insurance Companies ◽  
Insurance Company ◽  
Marine Insurance ◽  
Insurance Policy ◽  
Choice Of Law ◽  
The United Kingdom ◽  
Personal Status ◽  
The Uk

Marine insurance business in Indonesia such as marine hull and machinery insurance and cargo insurance are subject to applicable laws and practices in the United Kingdom. Although Indonesia already has marine insurance law which is regulated in Wetboek van Koophandel, in fact, this business subject to English Law and Practice. The choice of law is listed in the insurance policy. Submission of the law and practice in the UK raises the issue for the parties in the insurance contract, between Insurer and Insured. Although the principle of the contract is a law for those who make it, in practice, there is a problem. The problem is especially when there is a dispute between Insurer and Insured. When disputes occur, each party has a different opinion regarding which country's laws may be applied to resolve disputes between Insurance Companies and Policyholders (the proper law of the contract, the applicable law). When referring to the provisions contained in the marine insurance policy which is a contract of the parties, it should be settled under the legal system and the practice of law which is in force in the United Kingdom, because the choice of law is written in the contract. However, the problem arises again, whether the choice of law in the insurance contract can be applied, if the insurance company as a legal entity is established under Indonesian law and domiciled in Indonesia, as well as the policyholders who are Indonesian. On the basis of such matters, this paper intended to elaborate the principles of international civil law in Indonesia regarding the choice of law in the contract and is also associated with the personal status of the insurance company, the personal status of the policyholder who are Indonesian, as well as the consequences of the choice of law listed in marine hull and machinery insurance or cargo insurance and national laws which can be applied to marine insurance disputes occurring in Indonesia. Keywords: Marine Insurance, Choice of Law 

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