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Shipping provisions of the 1976 amendment, not
news source: Internet   hits: 9687   update time:2011-10-24

    The people's Insurance Company of China Ocean Marine Cargo Clauses all risks ( hereinafter referred to as the terms ) since 1981 years carried out since January 1st, 19 years. Recently in the Maritime Law Association forty-eighth newsletters and other publications as well as many expert 's writings, including a large circulation, known as the textbook writings, see many of the clauses and the responsibility of the treatise, executive and judicial branches on the scope of responsibility has been identified. In the insurance knowledge is popularized, attention should be paid to in terms of the issues related to the formulation of the scientific and precise. As the 1981 amended team joined, personally think that some problems need further discussion, some may not be correct perception advise with expert scholar, welcome.

    Provisions of the 1976 amendment, not" old formulated in terms of the reference to foreign"

    Beijing sunshine real Beijing broken bridge aluminum doors and windows blower lifts hydraulic lifts hydraulic lifting platform lifting platform China People's insurance after the founding of the company, in international marine cargo transportation insurance, used China Insurance Clause, also used British Insurance Institute clauses. January 1, 1963, the Chinese people's Insurance Company of terms, is a comprehensive reference of British Institute of Insurance Clause 12 basis, plus the inspection and the matters needing attention in two, a total of 14. Although the essence and the same terms, but it should be said that the people's Insurance Company of China since then have their own terms.

    In April 1, 1972 1963, revised terms, formed a Chinese characteristics of the new terms. In danger

    Don't set the abolition of FPA, WPA and all risks name, changed to TLO, basic insurance and comprehensive insurance, three terms into one, using the Chinese language habits, and foreign terms than content words, and greatly simplified, a total of 8. In the specific historical conditions, coupled with some political slogans, completely different from the UK and other countries the terms. As a result of this clause and the international commonly used terms vary greatly, often reflect the customers and international trade.

    Abroad to reflect the main issues, one is too simplified terms, some issues are not clear; two is used with coverage unrelated political slogans; three are the responsibility scope than foreign.

    Although the terms again in January 1, 1976 revision, but no change in the main content.

    Customers reflect the strong about comprehensive insurance responsibility range than the foreign general terms of small. The terms of the insurance responsibility range is defined as" including the total risk and insurance liability, the company also to the insured goods in transit due to external causes of short, short, leakage, damaged, broken, hook damage, rain, rust, moisture, heat, mold, string taste contamination, total or partial loss is also responsible for compensation", and the international general all risks" all external causes" form a more obvious difference.

    Eleven of the party 3 in after plenary meeting, in order to adapt to the new situation of reform and opening up, China People's insurance company decided to revise the 1976 articles. Unlike some article said, referring to the old provisions are formulated in terms of the.

    Revision of the guiding ideology is to walk in front of the world

    In 1980, the people's Insurance Company of China from Shanghai, Guangzhou, Tianjin deployed personnel set up a modifying group. The leader puts forward guiding ideology is: according to the Eleven 3 in plenary meeting spirit, have a foothold in the world, conscientiously sum up their experience, learn the advanced experience of foreign countries, with special attention to meets the third world of marine cargo transportation insurance requirements, responsibilities clear, concise language, extending as far as the responsibility, set out with Chinese characteristics terms, to walk in front of the world.

    Modify group with reference to a large number of documents and data, are: China 1976 articles and other relevant units and branch companies reflect the views: United China World Trade Center and the group of 77 nations on the marine cargo insurance clause recommendations; Britain, Germany, the United States and other to collect articles, regulations, conventions, agreements and other. After a careful analysis of the data of the reference, learn from each other, modified into the current clause.

    On the guiding ideology, the joint efforts by many experts, revised terms more successful. In terms of quickly gained international trade, shipping and the world peer praise. From the nearly 20 years practice, the terms are more successful.

    Amend the terms, China's Insurance Law, maritime law has not yet been released. Therefore, should take the actual situation of no legislative support. Later, the relevant laws of China announced in succession, did not find the terms and law have contrary, reflected from another side of the terms of success.

 
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