碩士 / 中原大學 / 財經法律研究所 / 96 / Abstract
“The M.V. Amorgos oil pollution event” raises our concern about marine oil pollution prevention issue, and also gets initial understanding of Protection and Indemnity Insurance. In order to obtain damage compensation effectively, we should have deep understanding of P&I insurance. Therefore, the purpose of this research is to further study prevention and compensation insurance of ships, in the light of oil pollution from ship; from P&I insurance operation, insurance agreement of oil pollution, to the dispute of P&I insurance litigation. The research is expected to thoroughly realize the content of P&I insurance, and utilize effectively to gain further damage compensation.
There are three chapters in this research; Chapter one is the introduction of protection and indemnity insurance system, introducing the basic concept about P&I insurance. P&I insurance is operated by P&I association; it is liability insurance. After both litigants make an agreement and commitment, they are restricted by P&I insurance agreement; the insurant (ship owner) is responsible for paying membership fee, while P&I association assumes the risks raised by insurant’s operation. As for the content of insurance agreement, P&I insurance accept extensive risk of responsibility, nevertheless, to insure P&I insurance needs to conform with its criteria and part of restriction as well.
Chapter two is about the Damage Liability for the Oil Pollution related to P&I insurance study, including the definition of oil pollution, the subject of liability, the scope of responsibility, limitation, and discussion of specific damage liability accomplishment. This research is to study P&I insurance content of the damage of oil pollution, including insurant, the scope of insurance and other regulations, to find out if there is any conflict problem on suitability and execution during damage compensation under our domestic law; moreover, referring to related regulation of international convention and American law, to get more clear understanding of P&I insurance.
As for Chapter three, to discuss the dispute of P&I insurance litigation, including liability insurance about the direct compensation right from third party, and the decision of district court and the selection of applicable law. In addition to obey our domestic law, it still needs to consider related countries’ law to stand for P&I insurant. Therefore, this research is going to take the M.V. Amorgos oil pollution event as an example, referring to environment law and international law, we’d like to probe and operate concrete solution of the dispute of P&I insurance litigation based on the problem of the direct compensation right and district court and the selection of applicable law for third party.
| Identifer | oai:union.ndltd.org:TW/096CYCU5308016 |
| Date | January 2008 |
| Creators | Yu-yu Huang, 黃昱毓 |
| Contributors | I Hwang, 黃異 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 127 |
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