英文摘要 |
According to the Article 17 of the Shipping Law, the carrier must insure the accident insurance for the passenger It is a contingence insurance contract with a fix amount payment and a death insurance contract on the basis of the nature of accident insurance. However insured by the carrier for passengers remains the problems of reason and the application in law. In particular the passenger is insured, therefore. the right of insurance claim should belong to the passenger undoubtedly. The carrier may not avoid or reduce his liability by reason of the passenger insurance. Thus, this paper seeks to examine the problems of passenger accident insurance and liability insurance in ferry service from the insurable interest viewpoint. The results found that the current Shipping Law in passenger accident insurance is not consistent with the Insurance Law. The passenger's benefit could be deprived, while the carrier's liability for passengers was replaced by using an accident insurance. This study suggests that the stipulation of the passenger's accident insurance from carriers should be modified. It is essential to set up a liability insurance system for ferry service in Taiwan. |