海上貨物運輸保險之研究--以英國法制為中心

• Main Author: 張佩瑜
• Other Authors: 梁宇賢
• Format: Others
• Language: zh-TW
• Published: 2002
• Online Access: http://ndltd.ncl.edu.tw/handle/83790837820146799727

碩士 === 國立海洋大學 === 海洋法律研究所 === 90 === Abstract The purpose of this thesis is to apply marine cargo insurance and the theories depend on English law and practice. In November 1978 the Secretariat of the United Nations Conference on Trade and development (UNCTAD) distributed a document entitled ” Marine Insurance －Legal and Documentary Aspects of the Marine Insurance Contract”. This document indicated many shortcomings of Lloyd’s S.G. form of policy. According to that, the United Kingdom innovated upon Lloyd’s S.G. form of policy and Institute Cargo Clause. With the abolition of Lloyd’s S.G. form of policy, it was necessary to create a new formal document of contract. It was decided to do this in the simplest possible form of words consistent with the need to validate the existence of the contract and comply with the provisions of the Marine Insurance Act 1906. Then, the MAR form of policy was born. This thesis introduces main affairs about marine cargo insurance. It introduces the contract of marine cargo insurance and general principles of marine insurance. And then, it introduces Institute Cargo Clause (A), (B) and (C), Institute Clause for particular commodities (Institute Frozen Food Clause (A), (C), Institute Coal Clause, Institute Bulk Oil Clause, Institute Jute Clause, Institute Natural Rubber Clause and etc.) and Occasional addition Clause (Institute Malicious Damage Clause and Institute Theft, Pilferage and Non-delivery Clause). At last, it analyzes the flow chart of checking loss on goods and the indemnification by marine insurance insurers.