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Please use this identifier to cite or link to this item: http://ntour.ntou.edu.tw:8080/ir/handle/987654321/45648

Title: COMPARATIVE LAW OF LIMITATION OF ACTIONS IN INSURANCE IN ENGLAND, GERMANY AND TAIWAN: A Step for Harmonization
Authors: 饒瑞正
Contributors: 國立臺灣海洋大學:海洋法律研究所
Date: 2008
Issue Date: 2018-03-29T06:43:20Z
Publisher: National Taiwan University Law Review  
Abstract: Abstract:The aim of this work is to try to fix a minimum level of standard of harmonization between common law and civilian traditions with respect to the rules of limitation of actions in insurance. England and Germany have been chosen as comparators representing respectively a common law system and a civil law system, resting on distinct grounds, while Taiwan has been selected for her hybrid nature in the law of insurance contract. The reader's journey will begin with Chapter 1 Introduction, which sets out the author's objectives, the scope of the work, methodology and some brief observations on the function of the rules of limitation of actions, followed by the main text, that is, Chapters 2 to 4, dealing respectively with English law, German law and Taiwanese law. The first step in each chapter has been to identify convergence and divergence between the comparators by taking a microcomparison approach, while contractual obligations have been separated into primary obligation and secondary ones, and the rules of limitation of actions applied to the context of indemnity policy and contingency policy. The backgrounds sustaining those divergences and the values and origins of the legal institutions have also been looked at. More importantly, defects have been identified and remedies formed. By doing so, the best solution for harmonization, referred by the author as the Model Code, has been figured out or created in Chapter 5.
Relation: 3(1) pp.1-31
URI: http://ntour.ntou.edu.tw:8080/ir/handle/987654321/45648
Appears in Collections:[海洋法律研究所] 期刊論文

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