碩士 / 國立中正大學 / 法律學研究所 / 102 / International trade is the significant mainstay of economic development in Taiwan. Most of the cargos depend on ocean shipping, and the participants of shipping activities rely on international marine cargo insurance for risk distribution. Nevertheless, cargo owners these days often purchase unnecessary insurance due to the fact that certain risks should be undertaken by marine cargo carriers. The exemption clauses of international carriage convention(such as Rotterdam Rules, Hague rules, etc) and the affreightment contract are crucial clauses that differentiate risks from cargo owners and carriers. For the clauses provide definite regulations about carriers’ freight rate, insurer’s insurance coverage and rate. However, the regulations about the rights and obligations between marine insurance contract
and affreightment contract are unclear that lead to the previous mentioned situation.
Today United Kingdom prevails among the international marine insurance market mostly. In 2009, the Joint Cargo Committee announced the latest version of the terms, Institute Cargo Clauses 1/1/2009. In January & March 2014, the British Law Commission launched consultations on the draft clauses from the Insurance Contracts Bill, which begins to investigate and revise Marine Insurance Act 1906. Furthermore, the treaty of international maritime conventions on transport, Rotterdam Rules, enters into force in 2009. Above-mentioned three are very significant impact of shipper, cargo owner, and insurer.
Therefore, in order to provide the view to R.O.C relevant legal provisions amending the law for future reference. This thesis will discuss with the regime of the Rotterdam Rules, the amendments to Marine Insurance Act 1906, and the relevant issues with international conventions.
| Identifer | oai:union.ndltd.org:TW/102CCU00194037 |
| Date | January 2014 |
| Creators | Lai, Huan-Sheng, 賴煥升 |
| Contributors | Lo, Chun-Wei, 羅俊瑋 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 178 |
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