Statute of Limitations in Which the Insurer of a Maritime Insurance Contract Exercises the Right ...

 2018-08-11  57


  • Document NumberInterpretation No. 15 [2014] of the Supreme People's Court
  • Area of LawCivil Law
  • Level of AuthorityJudicial Interpretation
  • Date issued12-25-2014
  • Effective Date12-26-2014
  • Issuing AuthoritySupreme People's Court
  • StatusEffective

Announcement of the Supreme People's Court of the People's Republic of China
The Official Reply of the Supreme People's Court on the Starting Date of the Statute of Limitations in Which the Insurer of a Maritime Insurance Contract Exercises the Right of Subrogation to Claim for Compensation, as adopted at the 1,628th meeting of the Judicial Committee of the Supreme People's Court on October 27, 2014, is hereby issued, and shall come into force on December 26, 2014.
Supreme People's Court
December 25, 2014
Official Reply of the Supreme People's Court on the Starting Date of the Statute of Limitations in Which the Insurer of a Marine Insurance Contract Exercises the Right of Subrogation to Claim for Compensation
(Interpretation No. 15 [2014] of the Supreme People's Court, adopted at the 1,628th meeting of the Judicial Committee of the Supreme People's Court on October 27, 2014 and shall come into force on December 26, 2014)
The Higher People's Court of Shanghai Municipality:
Your Request for Instructions on the Issue of Law concerning the Starting Date of the Statute of Limitations in Which the Insurer of a Maritime Insurance Contract Exercises the Right of Subrogation to Claim for Compensation [No. 89 [2014], HPC, Shanghai] has been received. Upon deliberation, the following reply is hereby made:
In accordance with the relevant provisions of the Maritime Law of the People's Republic of China and the Provisions of the Supreme People's Court on Several Issues concerning the Trial of Cases concerning Maritime Insurance Disputes on the insurer's exercise of the right of subrogation to claim for compensation and in light of the practice of maritime trials, the starting date of the statute of limitations in which the insurer of a maritime insurance contract exercises the right of subrogation to claim for compensation shall be determined according to the starting time of the statute of limitations of the relevant claims as prescribed in Chapter XIII of the Maritime Law of the People's Republic of China.