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From Good Faith to Utmost Good Faith in Marine Insurance

Johan Hendrik Botes

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.
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.