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《海商法》中“海上保险合同”章节作为《保险法》之特别法,其诞生早于《保险法》,这两部法律关于同一问题的规定也存在不协调之处。同时,海上保险合同作为一种特殊的财产保险合同,调整海上保险合同关系的法律规范与调整一般财产保险合同关系的法律规范相比,也有其独特之处。本文将通过对《海商法》与《保险法》的相关条文进行比较,加深对这两部法律的理解与运用。
As a special law of “Insurance Law”, the chapters of “Maritime Insurance Contract” in the “Maritime Law of the People’s Republic of China” were born earlier than the “Insurance Law,” and there are inconsistencies between the two laws on the same issue. At the same time, as a special kind of property insurance contract, the maritime insurance contract also has its own unique characteristics compared with the legal norms of adjusting the contractual relationship of general property insurance. This article will compare the relevant provisions of “Maritime Law” and “Insurance Law” to deepen the understanding and application of these two laws.