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The conflict between the "Warehouse to Warehouse" clause of marine insurance and the definition principle of insurable interest in China and the countermeasures

WANG Ai-ling(Qingdao Maritime Court,Qingdao 266062,China)  
The "Warehouse to Warehouse" clause of marine insurance is the common liability period clause during marine cargo carriage used by the insurer.The definition principle of insurable interest is how to define the insurable compensation between the seller and the buyer,which aims to prevent the "moral risk".China adopts the assumption of risk to define the insurable interest between the seller and the buyer.Because of the potential conflict between the W/W clause and the definition principle,both the seller and the buyer can not get the compensation from the insurer.In view of the undesirable situation,this paper analyzes the condition,the reason of the conflict and the legal basis of the current definition principle,the legal implication of insurable interest in China.The current definition principle is questioned and the countermeasures are proposed so that the assumption of actual loss should be applied in the definition of insurable interest between the seller and buyer.
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