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Maritime insurances and frauds


Author: Mărgărit Nicolae
Degree:doctor of law
Speciality: 12.00.03 - Private Law (with specification: Civil, Family, Civil Procedure Law, Notary, Business, Informational, Private International, Labour Law, Social Protection Law)
Year:2008
Scientific adviser: Eugenia Cojocari
doctor habilitat, professor, Moldova State University
Institution:
Scientific council:

Status

The thesis was presented on the 8 December, 2007
Approved by NCAA on the 24 January, 2008

Abstract

Adobe PDF document – 0.31 Mb / in romanian

Thesis

CZU

Adobe PDF document 0.89 Mb / in romanian
157 pages

Summary

In the thesis we have done research in view of a deeper study of one of the most important and up to date issues in civil law and private international law – civil maritime insurances and frauds institution. We explained the concept of this institution that is based on the opinion that maritime insurance is a form of civil insurance, in the first place, and then an obligation to recover the damage, these representing characteristics of maritime insurance contract. We studied the notion of fraud, the civil specificity of the maritime frauds, and its categories. We also studied retention as maritime insurance alternative.

We showed that maritime insurance as a branch of the insurance of goods secures river and maritime ships, other crafts and installations used în harbours and shiploads against various risks. We took into consideration here several risks that can occur during ship operation (loading-unloading-transshipping) and also during transport and interim stops, respectively.

Nowadays, maritime fraud, a form of swindle in sea transport, extended a lot if we take into account the high damages caused to parties participating în a maritime expedition. Therefore, maritime fraud is considered a serious crime, because some ships are finally sunk or burnt to hide any proof of fraud. Sometimes people are even killed.

The frequency of these negative phenomena in maritime trade gets higher and higher nowadays and causes increased damages to the maritime community, most of them non-recoverable.

As a result of the research done în the domestic and foreign (USA, UK, Germany, France, Russia, Romania) legislation and literature in the field, we came to the conclusion that it is necessary to amend the civil legislation of the Civil and Commercial Law in Romania by adding some parts that would settle the notions of maritime fraud. We drew up definitions of the above mentioned notions, making proposals of ferenda law , one of them being establishment of a Maritime Code în Romania.

In this thesis we focused on insurance against maritime frauds that cause important damages. In the author’s opinion these estimations represent an essential condition for the specific situations regarding the civil responsibility that can be applied when insurances against this type of frauds exist. We studied retention right as specific maritime insurance means.

The research undertaken allowed us to make proposals to amend the civil legislation, to improve the security of civil obligations and the activity of judiciar parties in investigating civil matters, including new posibilities in this area.

The research will improve the quality of study process for personnel qualification in low domain and assimilate knowledges for specialists and population.

We propose a deeper study for insurance against maritime frauds în a special course.