• Title/Summary/Keyword: 영국선박보험약관

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A Comparative Study on the Institute Time Clauses-Hulls 1995, American Institute Hulls Clauses 1977 and Japanese Hull Standard Clauses, 1990 (영국.미국.일본선박보험약관의 비교연구 -오염손해, 보험사고 발생의 통지의무, 신구교환차익공제 및 중복보험에 관한 규정을 중심으로-)

  • Hong, Sung-Hwa;Kim, Ki-Ung
    • Journal of Navigation and Port Research
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    • v.26 no.1
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    • pp.66-77
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    • 2002
  • Generally hull insurance is undertaken by mean of a contract of hull insurance. A contract of hul1 insurance here is a contract whereby the insurer undertakes to indemnify the assured against the loss and damage to the vessel mused by maritime perils. A contract of hull insurance is consists of printed main insurance clauses and a clause includes many sub-clauses. Now the Institute Time Clauses-Hulls (hereunder refer to as "English hull insurance clauses"made by the Institute of London Underwriters is much used as the standard from or basic from by many countries ail over the world Now Korean insurance companies hue not made our their own hull insurance clauses, they have just adopted the made-out English hull insurance clauses and the english law and practice to solve the problem related to marine insurance. On the other hand, the United States of America and Japan have made out their own hull insurance clauses based on English hull insurance clauses and used the clauses for many years. Now American is using American Institute Hull Clauses(hereunder refer to as "American hul1 insurance clauses"as its own clauses which was made out by American Institute of Marine Underwriters in 1977 and Japan is also wing its own clauses named Japanese Hull Standard Clauses(hereunder refer to as "Japanese hull clauses") which was made out by japanese Hull Insurance Association in 1990. Therefore the purpose of this study is not only to make a comparative study on English hull insurance clauses 1995, American hull insurance clauses 1977 and Japanese hull clauses l990, but also to supply on some legal materials necessary for Korea to establish and perform our own hull insurance clauses.

A Study on the Application of International Hull Clauses(2003) - A Comparative on the General Average and Salvage - (국제선박보험약관의 활용 방안에 관한 연구 - 공동해손 및 구조비용에 관한 비교 분석 -)

  • Yun, Seung-Kuk;Lee, Jae-Bok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.54
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    • pp.213-233
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    • 2012
  • International Hull Clauses(IHC(2003)) which have replaced the old system, Institute Time Clauses, Hull(ITCH), used more than 100 years in the shipping industry that did not fit the reality of the market and customs was announced in 01/11/2003 and was intended to supplement the existing issues to reflect the terms that had been used. IHC(2003) was composed of systematical and logical phrases to minimize the conflict which happened between the insured and the insurer after the incident. But IHC(2003) is being ignored by both the insured and the insurer in the shipping industry due to the differences in both positions. In addition, the studies about IHC(2003) in local academics are very low and many companies in the shipping industry are using both systems, IHC(2003) and ITCH so the usage of IHC(2003) is not so activated. Thus, this study will examines the main features and the compositions of IHC(2003) and compare IHC(2003) with ITCH(1983) in some provisions in both systems and then derive some similarities from the both systems and finally would suggest the necessity and validity of active use of IHC(2003).

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