中国海事Issue(6)：61-64,4.DOI:10.16831/j.cnki.issn1673-2278.2024.06.020
首例姐妹船碰撞案评析
Analysis of the First Case of Collision between Sister Ships
摘要
Abstract
The first case of a collision between sister ships in China's maritime trials has exposed the inadequacy of the current legislation in regulating issues related to collisions between sister ships.This paper analyzes the specific details of the first case of collision between sister ships,according to the relevant provisions of the current Chinese laws.The collision liability portion of comprehensive ship insurance falls under the scope of liability insurance.In the case of a collision between sister ships,the shipowner is not only the insured party under the liability insurance contract covering the liable vessel but also a"third party"under the same liability insurance contract.As a"third party",the shipowner cannot sue himself,and the property insurer who has already made payments to the shipowner cannot directly sue the liability insurer of the liable vessel,resulting in losses of the property insurer.In order to protect the legitimate interests of the property insurer who has actually made payments in cases of collisions between sister ships,it is suggested to establish provisions in the Insurance Law and the Special Maritime Procedure Law concerning the direct right of action for the"special third party"under commercial liability insurance and indemnity insurance.关键词
姐妹船碰撞/责任保险/保赔保险/直接请求权Key words
collision between sister ships/liability insurance/indemnity insurance/direct right of action分类
社会科学引用本文复制引用
姜泽慧,姜晓运..首例姐妹船碰撞案评析[J].中国海事,2024,(6):61-64,4.
