論國際海運貨物保險研究
發(fā)布時間：2018-11-02 07:25
【摘要】：國際海運貨物買賣是國際貿(mào)易的重要組成部分，特別是中國加入世界貿(mào)易組織之后，中國的貿(mào)易出口額和進口額保持逐年大幅遞增。保證國際海運買賣等國際貨物買賣公平、安全、有序的進行，是世界各國立法及國際共同條約規(guī)范的重要任務(wù)。 現(xiàn)代大部分國際貨物貿(mào)易交付過程周期比較長且相對比較復(fù)雜，大多要經(jīng)過空運、陸運、海運，特別是海運在國際貨物貿(mào)易中占有相當(dāng)大的比重。在國際海運貨物買賣中買賣雙方義務(wù)的承擔(dān)及完成不是完全同步的，情況十分復(fù)雜。在海運貨物期間，貨物可能會遭受各種意外損失，如沉船、破碎、失火、受潮、滲漏等非正常損耗，使貨物可能遭受毀損滅失等風(fēng)險。風(fēng)險何時由出賣人或買受人承擔(dān)，直接涉及雙方當(dāng)事人的重大利益，出賣人和買受人都十分關(guān)注貨物風(fēng)險的轉(zhuǎn)移。因而貨物風(fēng)險的轉(zhuǎn)移及其時間界定是國際海運貨物買賣中一個十分重要的問題。各國立法都或多或少的對此進行規(guī)范，，眾多國際經(jīng)濟法專家也開始對此展開了深入研究。 在國際海運貨物買賣中，雙方當(dāng)事人可以作出關(guān)于風(fēng)險轉(zhuǎn)移的約定，明確當(dāng)事人雙方風(fēng)險負(fù)擔(dān)的制度及其規(guī)則，明確當(dāng)事人雙方的風(fēng)險負(fù)擔(dān)，使其比較清楚的、全面的認(rèn)識相關(guān)的風(fēng)險轉(zhuǎn)移，明確雙方相關(guān)的權(quán)利和義務(wù)，同時促使其采取得力措施規(guī)避各種可能發(fā)生的風(fēng)險，盡量避免或減少自己的各種經(jīng)濟損失。 本文對國際、國內(nèi)的關(guān)于貨物風(fēng)險轉(zhuǎn)移及其相關(guān)問題的立法進行了比較對比研究。對國際上關(guān)于貨物風(fēng)險轉(zhuǎn)移的國際慣例及國際公約的相關(guān)內(nèi)容進行對比分析，對各國相關(guān)立法的法理依據(jù)進行剖析，提取出眾多可以借鑒之處，將來我國在制定新的《合同法》、《保險法》、《海商法》等相關(guān)法律時應(yīng)對此加以改進和完善，以便使得我國風(fēng)險轉(zhuǎn)移制度具體化、規(guī)范化、系統(tǒng)化，并具有更強的實踐操作性。只有如此才能更有效的規(guī)范我國國際海運貿(mào)易等國際貿(mào)易實踐。 本文主要論述了以下幾個方面的問題： 第一章講述了國際海上貨物運輸保險以及保險合同的概念及其歷史發(fā)展。對保險風(fēng)險的含義、海上保險合同的法律特征、海上保險的保險責(zé)任期間等問題進行了解釋。 第二章主要對海上貨物運輸保險的法理進行分析。國際海運貨物保險合同的主要法理是最大誠信原則、近因原則、可保利益原則、賠償原則。本文對以上幾個原則進行了逐個分析。
[Abstract]:International seaborne goods trade is an important part of international trade, especially after China's accession to the World Trade Organization, China's trade exports and imports keep increasing year by year. It is an important task to ensure the fair, safe and orderly sale of international goods such as international maritime trade. Most of the modern international trade in goods delivery cycle is relatively long and relatively complex, most of them have to be transported by air, land, sea, especially seaborne in the international trade of goods occupies a considerable proportion. The undertaking and completion of the obligations of the buyer and seller in the international maritime cargo sale are not completely synchronized and the situation is very complicated. During seaborne, the goods may suffer various accidental losses, such as shipwreck, breakage, fire, moisture, leakage and other abnormal losses, which may cause damage and loss of the goods. When the risk is borne by the seller or buyer, it is directly related to the important interests of both parties, the seller and the buyer are very concerned about the transfer of the risk of goods. Therefore, the transfer of goods risk and its definition of time is a very important issue in international maritime cargo trading. Various countries legislate to this standard more or less, the numerous international economic law experts also began to carry on the thorough research to this. In international seaborne cargo trading, the parties may make an agreement on risk transfer, clarify the system and rules governing the risk burden of both parties, and clarify the risk burden of both parties so as to make it clearer, Fully understand the related risk transfer, clarify the relevant rights and obligations of both sides, at the same time, urge them to take effective measures to avoid various possible risks and to avoid or reduce their own economic losses as far as possible. This paper makes a comparative study on international and domestic legislation on goods risk transfer and related issues. This paper makes a comparative analysis of the international practice on the risk transfer of goods and the relevant contents of the international conventions, analyzes the legal basis of the relevant legislation of various countries, and extracts many points that can be used for reference. In the future, China should improve and perfect the relevant laws such as contract Law, Insurance Law, Maritime Law and so on, so as to make the risk transfer system of our country more concrete, standardized and systematic. And has stronger practical operation. Only in this way can we regulate the international trade practice of China's international maritime trade more effectively. This paper mainly discusses the following aspects: the first chapter describes the concept and historical development of international marine cargo insurance and insurance contract. The meaning of insurance risk, the legal characteristics of marine insurance contract and the insurance liability period of marine insurance are explained. The second chapter mainly analyzes the legal principle of marine cargo transport insurance. The main legal principles of international marine cargo insurance contract are the principle of maximum good faith, the principle of proximate cause, the principle of insurable benefit and the principle of compensation. The above principles are analyzed one by one in this paper.
【學(xué)位授予單位】：山東大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2006
【分類號】：D996.19;D922.294
本文編號：2305348
[Abstract]:International seaborne goods trade is an important part of international trade, especially after China's accession to the World Trade Organization, China's trade exports and imports keep increasing year by year. It is an important task to ensure the fair, safe and orderly sale of international goods such as international maritime trade. Most of the modern international trade in goods delivery cycle is relatively long and relatively complex, most of them have to be transported by air, land, sea, especially seaborne in the international trade of goods occupies a considerable proportion. The undertaking and completion of the obligations of the buyer and seller in the international maritime cargo sale are not completely synchronized and the situation is very complicated. During seaborne, the goods may suffer various accidental losses, such as shipwreck, breakage, fire, moisture, leakage and other abnormal losses, which may cause damage and loss of the goods. When the risk is borne by the seller or buyer, it is directly related to the important interests of both parties, the seller and the buyer are very concerned about the transfer of the risk of goods. Therefore, the transfer of goods risk and its definition of time is a very important issue in international maritime cargo trading. Various countries legislate to this standard more or less, the numerous international economic law experts also began to carry on the thorough research to this. In international seaborne cargo trading, the parties may make an agreement on risk transfer, clarify the system and rules governing the risk burden of both parties, and clarify the risk burden of both parties so as to make it clearer, Fully understand the related risk transfer, clarify the relevant rights and obligations of both sides, at the same time, urge them to take effective measures to avoid various possible risks and to avoid or reduce their own economic losses as far as possible. This paper makes a comparative study on international and domestic legislation on goods risk transfer and related issues. This paper makes a comparative analysis of the international practice on the risk transfer of goods and the relevant contents of the international conventions, analyzes the legal basis of the relevant legislation of various countries, and extracts many points that can be used for reference. In the future, China should improve and perfect the relevant laws such as contract Law, Insurance Law, Maritime Law and so on, so as to make the risk transfer system of our country more concrete, standardized and systematic. And has stronger practical operation. Only in this way can we regulate the international trade practice of China's international maritime trade more effectively. This paper mainly discusses the following aspects: the first chapter describes the concept and historical development of international marine cargo insurance and insurance contract. The meaning of insurance risk, the legal characteristics of marine insurance contract and the insurance liability period of marine insurance are explained. The second chapter mainly analyzes the legal principle of marine cargo transport insurance. The main legal principles of international marine cargo insurance contract are the principle of maximum good faith, the principle of proximate cause, the principle of insurable benefit and the principle of compensation. The above principles are analyzed one by one in this paper.
【學(xué)位授予單位】：山東大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2006
【分類號】：D996.19;D922.294
【引證文獻】
相關(guān)碩士學(xué)位論文 前1條
1 董越;國際貨物貿(mào)易中的貨物所有權(quán)轉(zhuǎn)移制度研究[D];哈爾濱工程大學(xué);2012年
本文編號：2305348
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