碩士 / 銘傳大學 / 法律學系碩士班 / 94 / The Study on the Marine Survey Report
– Additional Discussion on its Evidence Law Effects in the Civil Procedure
Abstract
“Marine Survey Report” is defined as a formal written report conducted by a certified “Marine Surveyor or Adjuster” assigned by a shipper/consignee or insurer to inspect, verify, and evaluate the subject-matter insured or assigned in a marine loss case. At times, based on the afore-said Marine Survey Report, Marine Surveyor will also on behalf of the hiring party collect remuneration from the insurer or the insured, and adjust, negotiate indemnification, and give attestation thereof. On account of that Marine Survey Report made and approved by the professional and qualifed Marine Surveyor, it plays a key evidence role in the cargo or vessel loss claim case under the civil procedure code of the R.O.C.
However, in spite of its importance, it seems that only few papers discuss its evidence effects regulated by the evidence rules under civil procedure. Also we can only acquire very vague ideas from the verdict expressing judicial attitudes held by the marine court judges. Obsessed by such a curiosity, the writer tries to collect relevant materials regarding the captioned topic and focused on the issues as follows: the concept clarification to the definition of “Marine Survey Report” and “Surveyor” etc., the introduction of the marine insurance combining the Marine Survey Report practice, the analysis to the structure and content of the “Marine Survey Report”, and the discussion regarding the the evidence effects of the “Marine Survey Report” regulated by the Civil Procedure Code as a certified writing document. At last, in the last chapter, the writer will submit conclusive remarkes and make certain suggestioins as a possible contribution to the Taiwan evidence law.
| Identifer | oai:union.ndltd.org:TW/094MCU05194009 |
| Creators | Dillon Ta Yi Chien, 簡達益 |
| Contributors | , 陳明暉, 黃裕凱 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 145 |
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