碩士 / 國立高雄海洋科技大學 / 航運管理研究所 / 105 / Marine Insurance Act 1906 is a non-international convention but it is more influential International Law. Compared to the total 27 articles in Chapter VII, Marine Insurance of the current Taiwan Maritime Law, there are 91 articles in Marine Insurance Act 1906, which demonstrates the provisions of Marine Insurance in Taiwan Maritime Act are insufficient, particularly in the provisions related to claims. In this study, the provisions of Marine Insurance Act 1906 as well as the related practice judgments are taken as references to classify maritime insurance claim issues into five sub-titles, namely total loss, abandonment, partial loss, measure of indemnity, and Subrogation. Also, supplemented by the provisions of the 2017 draft amendments for claim adjusting provisions of marine insurance in Taiwan Maritime Act studied by the Maritime and Port Bureau, I collected domestic and foreign literatures and analyzed the differences with the comparative analysis approach. In this study, it is suggested the definitions of actual total loss and constructive total loss should be revised and expanded and the clauses of identifying partial loss should be added; in addition, the provision the insurer obtains right of subrogation after the insurer pay the insured amount of total loss and, the liability and obligation of insurers and insered for loss should be revised.
| Identifer | oai:union.ndltd.org:TW/105NKIM0301007 |
| Date | January 2017 |
| Creators | YANG, HSIANG-TING, 楊廂婷 |
| 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 | 133 |
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