船舶推定全損의 成立要件으로서 連續損害와 將來의 救助費

• 영문명: Successive Partial Losses and Future Salvage Charge as the Requirements of Constructive Total Loss under the Hull Insurance
• 발행기관: 한국해사법학회
• 저자명: 정영서(Yeong-Seok Cheong) 이광호(Kwagn-Ho Lee)
• 간행물 정보: 『해사법연구』해사법연구 제15권 제1호, 81~100쪽, 전체 20쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2003.06.01

영문 초록

Most CTL cases fall within the category where the estimated cost of recovering/repairing the ship would exceed the value of the ship when repaired. As to this point. MIA gives little guidance. However. for a long time it has been customary for hull underwriters to take the insured value as the repaired value in ascertaining whether the ship is a CTL. which is evidenced by clause 19 of ITC-Hulls(l/10/83) and 21 of International Hull Clauses. The estimated cost of repair should cover all expenses which would have been necessary had the vessel been repaired. including salvage charge. temporary repairs. class survey fee & etc. Finally. I suppose that the using a compromised total loss settlement shall be made. in practice. in place of carrying out uneconomical repairs, not being a CTL. However. there is no provision in the MIA. nor in the policy for this type of settlemenb and controversy could rise. Therefore, the insured value of vessel shall be closed to the cost of market value and it is a necessary to appoint a fair and reasonable average adjuster to settle such a controversiai claim as soon as possible. necessary had the vessel been repaired. including salvage charge. temporary repairs. class survey fee & etc.Finally. I suppose that the using a compromised total loss settlement shall be made. in practice. in place of carrying out uneconomical repairs, not being a CTL. However. there is no provision in the MIA. nor in the policy for this type of settlemenb and controversy could rise. Therefore, the insured value of vessel shall be closed to the cost of market value and it is a necessary to appoint a fair and reasonable average adjuster to settle such a controversiai claim as soon as possible.

목차

Ⅰ. 머리말

Ⅱ. 船舶推定全損의 槪念

Ⅲ. 連續損害(Successive Partial Losses)

Ⅳ. 將來의 救助費

Ⅴ. 맺음말

참고문헌

Abstract