Illegality in Marine Insurance Law

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Illegal performance of marine insurance contracts

2.1 Introduction to the warranty of legality in marine insurance law

Warranty is unanimously recognised as a complex and difficult area in marine insurance law. There are basically two types of warranties under current marine insurance law, namely, express warranties and implied warranties. The implied warranty only exists in marine insurance.1 Several species of implied warranty have been discussed and introduced into the market, such as warranty of seaworthiness,2 no implied warranty of nationality3 and warranty of legality. The main purpose of this chapter is to introduce and discuss the development and the true scope of the warranty of legality.

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