ABSTRACT

Several criticisms have been directed towards the ‘warranty regime’ adopted by the MIA 1906. Some have focused on the point that the current legal regime does not provide for a fair distribution of rights and obligations between assured and insurer, while others have usually blamed English law for being too formal. Furthermore, the evaluation of the current legal rules on marine warranties in earlier chapters has identified certain deficiencies. All these issues will be taken into account when the need for reform in this area is discussed in the final chapter of the book. However, before questioning the English marine warranty regime, some other legal systems need to be evaluated. It is believed that such a comparative approach will bring an additional dimension to the issue in question and provide the basis for a discussion on possible reform in this area.