Identifier: TFG:23
Authors: Alegre Pons, Meritxell
Abstract:
This dissertation consists of an analysis of the marine cargo insurance, with special reference to right-‐limitative and risk-‐delimiter clauses. Firstly, a law to unite all the existing regulation in the maritime navigation field like in other European countries, which enjoy a specialised legal body in this issue, is needed. Currently, the most important regulation in shipping insurance is the one from the 1885 Code of Commerce, therefore a modernization in this field is required. As a consequence, in order to update the maritime field, a bill of the Law of Maritime Navigation does exist. In addition, the project of a new Code of Commerce, which in matters of shipping insurance refers to the aforesaid bill. Secondly, a reference to "The Institute Cargo Clauses (A) 2009" from The Institute of London Underwriters is done. They have nature of general conditions in the insurance policies and they are usually applied in the international maritime transport insurance contracts. Finally, the dissertation is aimed to distinguish between the right-‐limitative and risk-‐ delimiter clauses from a jurisprudential perspective -‐ and in contrast from a doctrinal position -‐ because there is no theoretical definition of these clauses, and whenever doubts arise about the nature of a clause in a maritime insurance contract, case-‐law must be taken into account.
Repositori URV