海上货物保险相关论文题目

1、论我国《海商法》的特点 2、论海商法的基本原则 3、论提单的功能 4、论海上保险的原则 5、论保函的性质 6、论共同海损的成立要件 7、论承运人责任限制制度 8、海运代理人制度研究 9、论船舶优先权 10、论海事仲裁 11、国家海事欺诈问题研究 12、国际船舶融资的法律与实践 13、船舶优先权制度研究 14、船舶扣押制度研究 15、海上货物运输中的延迟交付 16、提单欺诈及其防范和法律救济 17、租船合同中的法律问题 18、海运承运人的责任制度 19、电子提单法律问题研究

下面的是与海运有关的保险： & Coverage险别(1)free from particular average (.)平安险(2)with particular average (.)水渍险（基本险）(3)all risk 一切险（综合险）(4)total loss only (.) 全损险(5)war risk 战争险(6)cargo(extended cover)clauses货物（扩展）条款(7)additional risk 附加险(8)from warehouse to warehouse clauses仓至仓条款(9)theft,pilferage and nondelivery (.)盗窃提货不着险(10)rain fresh water damage 淡水雨淋险(11)risk of shortage 短量险(12)risk of contamination 沾污险(13)risk of leakage 渗漏险(14)risk of clashing & breakage碰损破碎险(15)risk of odour 串味险(16)damage caused by sweating and/or heating 受潮受热险(17)hook damage 钩损险(18)loss and/or damage caused by breakage of packing包装破裂险(19)risk of rusting 锈损险(20)risk of mould 发霉险(21)strike, riots and civel commotion (.) 罢工、暴动、民变险(22)risk of spontaneous combustion 自燃险(23)deterioration risk 腐烂变质险(24)inherent vice risk 内在缺陷险(25)risk of natural loss or normal loss途耗或自然损耗险(26)special additional risk 特别附加险(27)failure to delivery 交货不到险(28)import duty 进口关税险(29)on deck 仓面险(30)rejection 拒收险(31)aflatoxin 黄曲霉素险(32)fire risk extension clause-for storage of cargo at destination Hongkong, including Kowloon, or Macao 出口货物到香港（包括九龙在内）或澳门存仓火险责任扩展条款(33)survey in customs risk 海关检验险(34)survey at jetty risk 码头检验险这篇文的第三段应该对您有帮助：Ocean Marine InsuranceInsurance is a contract whereby one party, inconsideration of a premium paid, undertakes to indemnify the other party against loss from certain perils or risks to which the subject matter insured may be exposed to. It is an extensive subject and ocean marine insurance is only a small part of private marine insurance covers ships and their cargoes, both on the high seas and on inland . NEED FOR INSURANCEExporters and importers face all the time uncertainties of loss of their goods. Insurance is used to protect their financial interests against such risks and actual losses．Trade and insurance can and do exist independently, but in proper context, insurance is an indispensable adjunct. Without adequate insurance and protection of the interests of those with goods in transit, international trade would be negatively . COVERAGE OF OCEAN MARINE INSURANCEBy purchasing insurance, the assured protects his financial interests against three things: the risk of loss, the actual loss and the expenses incurred to avoid or reduce ）RisksTwo types of risks are covered by ocean marine insurance. The first type is the perils of the sea that include both natural calamities and fortuitous accidents. Natural calamities refer to earthquake, heavy weather such as hurricane and thunderstorm, etc. These events should be exceptional to some extent and the ordinary action of the wind and waves are not considered natural calamities. Fortuitous accidents include fire, smoking, stranding, sinking, collision, etc. However, fire caused by inherent vice or nature of the cargo is the perils must occur at sea and must be because of sea, otherwise the insurance will not cover them．A vessel intentionally sunk by its owner, for example, is not an accident because of sea and therefore will not be covered by ocean marine insurance. Similarly, natural deterioration and wear and tear are not perils of sea second type of risks covered is extraneous risks. These risks include ordinary risks such as theft, pilferage, rain damage, shortage, breakage, etc and special risks such as strike, war, failure to deliver, ) LossesOcean marine insurance covers two types of losses, partial loss and total loss means the total loss of part of the insured cargo (eg, the loss of one case out of a shipment of ten) or the damage to all or part of the insured loss can be classified into actual total loss or constructive total loss. Actual total loss means the non-existence of the insured cargo in value. Constructive total loss, however, means the subject matter insured is reasonably abandoned on account of its actual total loss appearing to be unavoidable or because it would not be preserved from actual total loss without tan expenditure greater than its recovered value. In other words, it is unlikely to recover the subject matter or the cost of recovery will exceed the value of the subject ) ExpensesOcean marine insurance also covers some expenses incurred in reducing the loss of the subject matter insured either by the assured himself or a party other than the insurer and/or the assured. This encourages efforts to save the subject matter . MAIN CATEGORIES OF GENERAL CARGO INSURANCE1) Free from Particular Average（FPA) of China Insurance Clauses (CIC, effective January 1, 1981)Before going to FPA, average terms need to be explained. The word average has a special meaning in cargo insurance. It means partial loss or non-total loss to a ship or cargo, and partial loss in turn means 1) total loss of part of the insured cargo or 2) damage to all or part of the insured average means a loss that is borne solely by the owner of the lost property (ship or cargo) and general average means a sacrifice made for the common safety of both the cargo and the ship. Partial damage of cargo by sea water is, for instance, a particular average, while partial damage of cargo by water that has been used to put out a fire is a general average since the damage has been made in order to save both the ship and the cargo on board the ship of all the cargo owners. (Of course, the damage caused by the fire is still a particular average).Particular average is recoverable from the insurance underwriter, if it has been covered; but general average is spread among the interests affected and all including owners whose property does not sustain a loss must make proportionate contributions, which are then recovered from the insurance general average must be a partial, deliberate and reasonable sacrifice of the ship, freight, or goods, undertaken for the common safety of the adventure, in time of peril and/or extraordinary expenditure with the like object such as the charges for towing a stranded from Particular Average then means no partial loss or damage is recoverable. It provides coverage only for total loss of cargo together with ship or aircraft and general is the minimum coverage and offers limited protection. However, there are two exceptions in which partial loss or damage is recoverable. First, if the lost object is a separate package in a shipment such as one case out of a ten-case shipment, partial loss or damage is recoverable. And if the vessel or craft is stranded, Sunk or burnt, partial loss or damage is also recoverable. Therefore FPA actually covers part of partial Insurance Clauses are very similar to Institute Cargo Clauses (ICC, effective January 1, 1982) made by the Institute of London Underwriters and widely used around the world. ICC (C), for example, has the same coverage as CIC FPA except for damage of package during loading and/or ) With Average/With Particular Average (WA/WPA) of CICWA provides cover against all loss or damage due to marine perils or perils of the sea including partial loss or damage throughout the duration of the policy. This coverage provides protection against damage from sea water caused by "heavy weather".ICC (B) has the same coverage plus damage of package during loading and/or (B) and (C) provide cover against specified risks ) All Risks (AR) of CICBesides the risks covered by FPA and WA, All Risks also provides cover against some extraneous risks of loss or damage (eg, theft, pilferage and non-delivery, fresh water rain damage, risk of shortage, risk of intermixture and contamination, leakage risk, clashing and breakage risk, hook damage, loss and/or damage by breakage of packing, rusting risk). However, risks of war, strike and loss or damage or expense proximately caused by delay or inherent vice or nature of the subject matter insured are not (A) provides cover against all risks that are not specifically excluded and is similar to AR of ) Special additional coverageBesides the above categories of coverage, both CIC and ICC have some additional coverage’s. For example, CIC has coverage against failure to deliver risk, import duty risk, on deck risk, war risks, and strikes and so on. These additional coverage’s must be taken out together with FPA, WA or AR. ICC also provides coverage against war risks, strike and other risks, but war risks and strikes can be taken out ) Exclusions of insurance policyInsurance policies have excluded the coverage against some risks. These exclusions are the loss or damage by risks such as inherent vice or deterioration, insufficient or unsuitable packing, delay and loss of market, . CARGO INSURANCE CLAIMS1) ProceduresCargo insurance claim includes a few steps as listed assured should not give clean receipts when goods are in dubious assured should give immediate notice to the nearest branch or agency in the event of damage giving rise to a claim. This notice means that a claim has been filed. A delay in giving the notice, on the other hand, might result in the underwriter's refusal to process the company will appoint a suitable surveyor to inspect the goods and report on the nature and extent of the damage, usually a report or certificate of loss is issued to the assured who pays a fee for assured should send claim paper to the insurance company with the certificate. The inspection fee is refunded if the loss is is of vital importance that the assured must be able to prove a loss by a peril against which he was ) Documents requiredThe following documents are usually required in processing a claim for insurance certificate or policyOriginal B/L, AW (3 or other contract of carriage)Export invoiceSurvey report or other documentary evidence detailing the loss or damageAny exchange of correspondence with carriers and other parties regarding their liability for the loss or damageAny landing account or weight notes at final destination

国际货物运输保险: 1.海运货物保险 2.陆运货物保险 3.空运货物保险 4.邮包运输保险 5.买卖合同中的保险条款 6.案例分析一.海运货物保险又分为：海运货物风险 我国海运货物保险的险别 伦敦保险协会海运货物保险条款 1.海运货物风险：海上风险：自然灾害和海上意外事故 外来风险：由于外来原因引起的风险由于特殊原因引起的风 险 2.海运货物保险中的损失：全部损失：运输中整批货物或不可分割的一批货物的全损。分为实际全损和推定全损。 部分损失：被保险货物的损失未达到全部损失的程度。它分为共同海损和单独海损。 3.部分损失：共同海损：指船舶在海运提制途中遇到危害，船方为了挽救船、货，使得船舶继续行驶，有意地采取某些合理的措施并为此付出某些额外牺牲和费用。 单独海损：指仅涉及船舶或货物所有人单方面的利益的损失利用进保险货物遭受海损后。 二.我国海运货物保险的险别: 基本险别：平安险、水渍险和一切险 附加险别：一般附加险和特殊附加险 1.平安险：自然灾害造成整批货物的全部损失；意外事故造成货物全部或部分损失；货物遭受自然灾害前后，又遭受意外事故的部分损失；装卸或转运时由于一件或数件货物落海造成的全部损失或部分损失；运输工具遭海难后，发生的特别费用。 2.水渍险：包括平安险的各项责任和由于自然灾害造成的部分损失。 3.一切险：包括平安险和水渍险的所有责任外，还包括由于外来原因所造成保险货物的损失。 4.一般附加险：偷窃提货不着险、淡水雨淋险渗漏险串味险受潮受热险包装 破裂险和锈损险。 5.特殊附加险：交货不到险、战争险和罢工险 三.伦敦保险协会海运货物保险条款: 协会货物条款(A )I CC (A ) 协会货物条款(B )I CC (B) 协会货物条款(c )ICC (C ) 协会战争险条款 协会罢工险条款 恶意损害险条款 （A）相当于中国人民保险公司所规定的一切险 （B）相当于中国人民保险公司所规定的水渍险 （C）仅承担重大意外事故的风险 四.陆运货物保险： 1.陆运风险包括自然灾害和意外事故 2.陆运货物保险的基本险别：陆运险的承保责任范围同海运水渍险相似，陆运一切险的承保责任范围同海运一切险相似。 五.空运货物保险： 1.空运风险与损失：自然灾害、意外事故和各种外来风险而导致货物全部或部分损失 2.空运货物保险的险别：航空运输险和航空运输一切险 3.航空运输险和航空运输一切险的责任起迄采用“仓至仓”条款 六.邮包运输保险: 1.邮包运输风险与损失 2.邮包运输保险的险别：邮包险和邮包一切险 七. 买卖合同中的保险条款的订立: 1.保险投保人的约定 2.保险公司和保险条款的约定 3.保险险别的约定 4.保险金额的约定 5.保险单的约定 八.案例分析： 某外贸公司按CIF 术语出口一批货物，装运前以向保险公司按发票总植110%投 保平安险，6月初货物装妥顺利开航。载货船舶在海上遇到暴风雨致使一部分货物受到水渍，损失价值2100美圆，数日厚意，该轮又突然触礁，致使该批货物有遇到部分损失，价值为8000美圆。试问：保险公司对该批货物是否赔偿，为什么？这只是个引子，太多了。你要是有心的话够用

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