船舶保險約款上 協會航行制限擔保約款에 관한 硏究

Abstract

The history of marine insurance has been more than seven hundred years and the forms and contents of marine insurance have developed and formalized to keep up with development on international trade and maritime transport services.

As to the contract form on the Hull and Machinery Insurance between the insurers and the insured, mainly carriers, ship owners, the Institute Time Clauses-Hulls 1/10/83 has been using widely with attachment and/or endorsement of the Institute Warranties 1/7/76 stipulating vessel's trading limit.

Taking into consideration of several changes and renewals on the contents of the Institute Time Clauses-Hulls for clarifying the clauses themselves with development on technology of vessel's construction and navigational equipments up to the present, the clauses on the Institute Warranties 1/7/76 should have been changed and/or renewed. Moreover, the insured still has been burdening additional premium in vessel's navigating and / or calling to the areas stipulated in the Institute Warranties 1/7/76 regardless of any changes of marine business environments.

Therefore, the trading limit area and additional premium related to the Institute Warranties 1/7/76 established more than 30 years ago has a room to be readjusted considering great development on vessel's safety, considerable navigation technology and equipments.

Thus, this study aims to examine the Institute Warranties 1/7/76 through not only corresponding Institute Warranties using in Japanese Fire and Marine Insurance companies but also consideration of current circumstances on meteorology and changes in climatic conditions, vessel design, navigation and communication requirements and capabilities.

When it comes to comparison on the Institute Warranties 1/7/76 and corresponding Institute Warranties in Japan and fundamental changes on risk assessment complying with rapid development on safety of vessel at present, it shows that the trading limit area and additional premium on the Institute Warranties 1/7/76 should be reasonably readjusted.