碩士 / 國立高雄海洋科技大學 / 航運管理研究所 / 100 / Motivation of this thesis, when the subject-matter insured, marine insurance policy covered during the period, the occurrence of perils caused by the loss of the subject-matter insured, recovery and repair of the costs are more than the insured value of their policies, or its actual total loss is no longer available to avoid the insured pursuant to advocate a constructive total loss and abandonment is all the subject-matter insured, with the transfer of insurance subject-matter insured to possess, use, earnings and dispose of the various rights to the insurer to request access to the full insured amount of compensation.
From the viewpoint of the insured to study the subject-matter insured shall be subject to all compensation, in addition to insurance agreed in official writing, the insurer can undertake outside; according to the referee to determine in the proceedings. Former managing customer relationships, to maintain the consideration of the commercial circulation; the latter has the jurisdiction, the applicable law applies to the choice. An actual total loss, even if the insurer does not recognize the abandonment, the insurer may also propose a total loss of the report, access to the full insured amount of compensation, the two are not undistinguished. It “looks like” a total loss, the point of contention is constant in the recovery of the commercial value of the subject-matter insured of whether it is worth? The insurers accept of abandonment after the law expressly mandatory, while accepting the responsibility of the subject-matter insured of residual bodies and continue processing, but also to pay a extra fee for such acceptance? The insurer to consider a reasonable period of commitment, should expressly load? Not expressly "in the subject-matter insured damage already does not have to restore, repair of commercial value, regarded as a constructive total loss, the insurer shall indemnify the insured like an actual total loss by operation of law”, whether the opening of disputes in court of the door of the source? This article in accordance with the principle of compensation for the damage and investigate the above problems, try to find a feasible direction.
Finally, it is recommended that legislators and then re-amend the occasion of the maritime law. Firstly, service first respect the freedom of private contract, ordinance is especially required to certify that "Except as otherwise agreed by contract" Secondly, amending the law for too long, so the conditions of abandonment should not be expressly provided to avoid the maritime environment changes quickly into the room should not be the law of the world trend Thirdly, should the add-on "commitment to a constructive total loss provisions of the term" specification the insurer shall remain unchanged during the period (for example: 20 days) is proposed, objection to this would be considered an actual total loss. The administration of justice, repeatedly review the discretion of the necessity of seafaring adventure, the law is no time to modify the operation of maritime judgment to the Supreme Court, the formation of appropriate precedents, Do not lose the opportunity of timely compensation insurer .
Keywords：Marine Insurance, Constructive Total Loss, Abandonment
| Identifer | oai:union.ndltd.org:TW/100NKIMT301026 |
| Date | January 2012 |
| Creators | Hsieh, Chung-Chieh, 謝忠潔 |
| Contributors | Tseng, Wen-Jui, Ph. D., 曾文瑞 博士 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 52 |
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