Exploration into the Practical Disputes and Legal Application Difficulties of Defining the Standards for Common Average Interests under Insurance Terms
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DOI: 10.25236/ssehr.2024.015
Corresponding Author
Du Jiang
Abstract
This paper expounds the special position of general average in the field of marine insurance and its important role in ensuring the smooth progress of maritime trade and the safety of navigation. Then, it systematically analyzes the basic concept of insurable interest in general average and the difficult problems in the application of law through several sections, and puts forward some suggestions to improve the definition standard. In terms of methods, this paper expounds the basic principles, constitutive requirements and applicable principles of law of insurable interest in general average, which provides a theoretical basis for subsequent practical analysis. At the same time, the difficulties and doubts in the definition of insurable interests in general average are deeply analyzed. The definition of insurable interest in general average involves many aspects such as law, insurance clauses, judicial practice and international cooperation, which is a complex and meticulous process. There are some ambiguities and uncertainties in the current laws, regulations and insurance clauses, which need to be further improved and clarified. This paper puts forward some suggestions to improve the definition standard of insurable interest in general average, including strengthening the perfection of laws, regulations and insurance clauses, strengthening judicial practice and international cooperation.
Keywords
General average; Insurable interest; Defining standards; Application of law