Marine insurance - the legal nature of the contract and the scope of benefits and obligations of the parties in the context of insurance agreements governed by the provisions of the Civil Code Cover Image

Ubezpieczenia morskie - charakter prawny umowy oraz zakres świadczeń i obowiązków stron na tle umów ubezpieczeń regulowanych przepisami Kodeksu cywilnego
Marine insurance - the legal nature of the contract and the scope of benefits and obligations of the parties in the context of insurance agreements governed by the provisions of the Civil Code

Author(s): Bartosz Janik
Subject(s): Politics, Economy, Law, Constitution, Jurisprudence, Public Administration, Public Law
Published by: Szkoła Główna Handlowa w Warszawie
Keywords: marine insurance; property insurance; legal obligations; insurance policy; shipowner

Summary/Abstract: This article is a comparative analysis of the legal nature and the rights and obligations of parties concluding property insurance contracts under the provisions of the Maritime Code and the Civil Code. When navigating a ship, the shipowner conducts a business commonly referred to as the operation of a ship, which includes, inter alia, its use for business purposes. The shipowner business is therefore an economic activity and the owner is the entrepreneur who runs his business which s/he is liable for. It is his/her broad interest to insure permanent assets of his/her company against damage as well as his/her civil liability. As the text indicates, s/he is treated by the legislature more severely than a person conducting a standard property insurance. In addition, the legal nature of the policy, due to the requirements of maritime traffic, differs from that from the Civil Code. The purpose of this study is to identify the key differences between the two regulations.

  • Issue Year: 15/2017
  • Issue No: 3
  • Page Range: 127-143
  • Page Count: 18
  • Language: English, Polish