The Legal Principle of Marine Insurance for Insured's claim is on the Basis of Cargo Claim Procedure

• Main Authors: Seng-Chih Hsu, 許聖之
• Other Authors: 周和平
• Format: Others
• Language: zh-TW
• Published: 2004
• Online Access: http://ndltd.ncl.edu.tw/handle/03025607260995267353

碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 92 === Abstract The consignors or the owners of cargo have to effectively use the less economic cost to take all kinds of procedures in order to manage and control the uncertain risks of the cargo transported over seas. To take marine cargo insurance can effectively to disperse the risks but the only problem is the owners of the cargo certainly have to understand the complicated and trivial cargo claim procedure after they participate in the marine insurance. Secondary, when the cargo loss or damaged during the transportation over seas, there are two objects that the owner of the cargo can claim their right to. One is on the basis of carriage contract and the Tort they can ask cargo claim and the other is on the relationship of the insurance contract they can claim the payment of insurance amount. Because the different objects to use the right, the matters to be attended are also different. So as to give evidence and counterplea to be faced with are also different. This article develops on the opinion of the insured to discuss the problems the owner of cargo will face with during the cargo claim procedure and the resolutions. It is expected to sum up the related laws and practice to help the owner of cargo to claim more smoothly. This article describes the things to be attended before the contracts of the cargo claim are agreed and how to deal with the cargo and keep the related evidence after the cargo claim happened. It discussed about the content, function and efficiency of the survey report which to decide cargo claim or not. It is further to discuss the importance of the marine survey report on the cargo claim. It presents the difference between the theory and practice on the conclusion. It is expected to make the marine insurance to get perfect by clarifying the right and obligation between the interests and decreasing the argument. Keyword：Marine Insurance、Insured、Claim、Cargo Claim、Marine Survey Report.