From Good Faith to Utmost Good Faith in Marine Insurance

ISBN-13: 9783631555491 / Angielski / Miękka / 2006 / 240 str.

Johan Hendrik Botes

Opis

Apart from its geographical import, the English Channel is also of legal importance serving as the divide between two distinct legal traditions. The sea, being the manifestation of this border, is also the symbolic arena for one of the most contentious modern distinctions between the Civilian and Common Law traditions, namely between good faith and utmost good faith in marine insurance. In essence this work is a critique of the English principle of utmost good faith. The author places Carter v Boehm in its Civilian context. The book includes a comprehensive collection of texts by Civilian writers on the topic of good faith in marine insurance in both the original version and translation.

Spis treści

Contents: The history of the marine insurance contract - The history of good faith in marine insurance law - Good faith and the marine insurance contract on the Continent - The history of the principle of utmost good faith in marine insurance - The modern principle of utmost good faith - Conclusion: In the matter between good faith and utmost good faith.

O autorze

The Author: Johan Hendrik Botes was born in Malmesbury (South Africa). He holds the B.A. (Philosophy and Latin, 1997) and LL.B (2001) degrees from the Universiteit van Stellenbosch (South Africa), a law certificate (2001) from the Katholieke Universiteit Leuven (Belgium) and the LL.M.-degree (2002) from the Shipping Law Unit of the University of Cape Town (South Africa). The author did part of his research for the LL.M. dissertation at the Humboldt-Universität zu Berlin. After an internship at a Hamburg shipping law firm, the author was awarded a scholarship by the DAAD in 2003 for doctoral research at the See- und Seehandelsrechtsinstitut of the Universität Hamburg. Currently the author is based in Cape Town where he specialises in maritime and shipping law.