As an academic celebration of the 70th anniversary of CUPL, the College of Comparative Law invited Rob Merkin QC, Distinguished Professor of the China University of Political Science and Law, expert of the College's Global Excellent Law Expert Workshop, Lloyd's Professor of Commercial Law & Emeritus Professor of the University of Exeter, to give an online lecture on the Insurance Law Reform in the Common Law World to the students on the evening of 6 May, 2022.
Prof. Jing Zhen of the Bangor University was the commentator. Dean of the College Prof. Xie Zhiyong and Deputy Director of the Institute for the Laws of Hong Kong, Macao and Taiwan Regions Dr. Yang Ziran, deputy attended the lecture. The lecture was moderated by A/Prof. He Qihao, Deputy Director of the China-America Law Institute.
Dean Xie Zhiyong first gave an enthusiastic speech welcoming Prof. Merkin and Prof. Jing. He expressed the gratitude to Prof. Merkin and other overseas distinguished scholars for their active participation in the College’s online academic activities, and invited Prof. Merkin to come to Beijing after the end of the epidemic to give face to face lectures to teachers and students.
Subsequently, Prof. Merkin briefly introduced the insurance law reform process in the UK, Australia, New Zealand, Ireland, Singapore and Hong Kong and other common law countries and regions. He elaborated on special cases of the reform process in the areas of utmost good faith and presentation of the risk, assured's knowledge and limits of duty of disclosure of the duty of fair presentation, and the remedies applicable to proportional compensation. He expounds the latest trends and academic frontiers of the reform of the insurance law in the common law system from a broad perspective.
Jing Zhen commented on Merkin's report. She pointed out that several key points in the UK's insurance law reform in 2006 worth in-depth study. For example, firstly, the principle of utmost good faith has been amended to not only eliminate the obligation of voluntary notification of the insured, but also to emphasize that the insured should not make false statements. Secondly, the mode of relief has also been reformed, the remedy of proportional compensation rather than cancellation of all contracts was advocated. Thirdly, the insurance clauses in insurance contracts were adjusted and more detailed stipulated. Then, Yang Ziran and Merkin had an in-depth exchange of views on the relationship and difference between the fiduciary duty of insurance and the law of trust.
Finally, under the auspices of He Qihao, the students who attended the lecture also spoke actively and communicated with several teachers on the issues they were interested in. During the course of the exchange, the audiences learned that it was Merkin’s birthday that day, so all the teachers and students warmly congratulate Professor Rob Merkin Happy Birthday. The lecture came to a successful conclusion in a friendly and harmonious atmosphere.
In the run up to the 70th anniversary of the University, this lecture carried out the College's educational concept of training international and compound senior legal talents, further help the University to establish an open, international, multi-disciplinary, innovative world-class law institution. The success of this event is not only a tribute to the 70th anniversary of the University, but also contributed to the steady improvement of the quality of the College’s cultivation of the postgraduates.
