Announcement
of the Supreme People's Court |
最高人民法院公告
|
Article 1 The trial of cases involving the disputes over marine insurance contracts shall be governed by the Maritime Law; if there is no such provision in the Maritime Law, the relevant provisions in the Insurance Law shall apply; and if there is no such provision in the Maritime Law and the Insurance Law, the relevant legal provisions in the Contract Law shall apply. |
第一条 审理海上保险合同纠纷案件,适用海商法的规定;海商法没有规定的,适用保险法的有关规定;海商法、保险法均没有规定的,适用合同法等其他相关法律的规定。 |
Article 2 The trial of the cases concerning the disputes over marine insurance contracts with the port facilities or docks as insurance objects that do not result from marine accidents shall be governed by the legal provisions in the Insurance Law. |
第二条 审理非因海上事故引起的港口设施或者码头作为保险标的的保险合同纠纷案件,适用保险法等法律的规定。 |
Article 3 The trial of the cases in which the insurer exercises the right of subrogation due to an insurance accident arising out of collision of vessels with the port facilities or docks, and claims for compensation from the third person that causes the insurance accident shall be governed by the provisions in the Maritime Law. |
第三条 审理保险人因发生船舶触碰港口设施或者码头等保险事故,行使代位请求赔偿权利向造成保险事故的第三人追偿的案件,适用海商法的规定。 |
Article 4 Where the insurer knows that the insured failed to faithfully report the important information as prescribed in Paragraph 1 of Article 222 of the Maritime Law but still collects insurance premiums or pays insurance compensations, if the insurer later claims rescission of the contract for the reason that the insured failed to faithfully report the important information, the people's court shall not support its claim. |
第四条 保险人知道被保险人未如实告知海商法第二百二十二条第一款规定的重要情况,仍收取保险费或者支付保险赔偿,保险人又以被保险人未如实告知重要情况为由请求解除合同的,人民法院不予支持。 |
Article 5 Where the insured fails to pay the insurance premiums as stipulated to the insurer according to Article 234 of the Maritime Law, the insurer has the right to rescind the insurance contract before the insurance liability begins, unless the insurer has issued insurance documents; if the insurer claims rescission of the contract after the insurance liability begins for the reason that the insured failed to pay the insurance premium, the people's court shall not support its claim. |
第五条 被保险人未按照海商法第二百三十四条的规定向保险人支付约定的保险费的,保险责任开始前,保险人有权解除保险合同,但保险人已经签发保险单证的除外;保险责任开始后,保险人以被保险人未支付保险费请求解除合同的,人民法院不予支持。 |
Article 13 In case the insurer, when exercising the right of subrogation to claim for compensations, fails to submit the people's court the vouchers proving that it has actually paid the insurance compensation to the insured according to the provisions in the Special Maritime Procedure Law, the people's court shall not accept its claim; if the court has accepted the claim, it shall make a ruling to reject the litigation. |
第十三条 保险人在行使代位请求赔偿权利时,未依照海事诉讼特别程序法的规定,向人民法院提交其已经向被保险人实际支付保险赔偿凭证的,人民法院不予受理;已经受理的,裁定驳回起诉。 |
Article 16 In case the insurer, after obtaining the right of subrogation to claim for compensations, claims for the guaranty rights of the insured due to the application for the seizure of the vessel, the people's court shall support the claim. |
Article 17 These Provisions shall come into force as of January 1, 2007. |