碩士 / 國立高雄海洋科技大學 / 航運管理研究所 / 104 / In February 2015 the UK parliament passed the Insurance Act 2015 which will come into force in August 2016. It represents the remarkable change to insurance contract law in over 100 years and reflects the needs of current marine insurance practice. The new Act reforms certain sections of the Marine Insurance Act 1906.The sections are “The Duty of Fair Presentation” ,”Warranties” and “Fraudulet Claims”. The marine insurance contract based upon the utmost good faith, and if the contract didn’t follow the utmost good faith the contract may be avoided by the other party. But the Insurance Act 2015 reform it, it said that insured only need to do fair presentation to insurer, no need to tell every detail to the insurer. And when breach the fair presentation there is a remedies, insurer can’t avoid the contract. The reform of warranties is about breach the warranties, it can be remedied. The insurer has no liability when the contract has been breached but before the breach has been remedied. and increase the terms not relevant to the actual loss. And the last UK Insurance Act 2015 increase the remedies for fraudulent claims, when insured make a fraudulent claim under a contract of insurance, what insurer can do to protect their right.
This study collect papers and compare MIA, 1906,ICC policy, ITC policy and Taiwan insurance law to find out the different with UK insurance act 2015. And in the end give some advises for reform of Taiwan insurance law. And hope this study can give some information for new law.
| Identifer | oai:union.ndltd.org:TW/104NKIM0301019 |
| Date | January 2016 |
| Creators | HSIEH,MING-FANG, 謝明芳 |
| Contributors | TSENG,WEN-JUI, 曾文瑞 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 72 |
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