Analysis on Conditions for the Exercise of the Direct Claim of the Third Party in Marine Liability Insurance

With the growing importance attached by people in the world to the issue about the protection of the right for the third party in marine liability insurance,many nations commonly empower the third party the direct claim to the insurer in marine liability insurance.However,these legislations don’t differentiate the attribute of the direct claim of the third party in compulsory marine liability insurance from voluntary marine liability insurance because of neglecting the specificity of compulsory marine liability insurance.For this reason,these legislations only stipulate general conditions for the exercise of the direct claim of the third party,which can not really realize the legislative value of compulsory marine liability insurance.This paper puts forward that the legislation in China should regulate different conditions for the exercise of the direct claim for the third party in view of above two different marine liability insurance on the basis of distinction of the right attribute in above two marine liability insurance.