Research On Legal Systems Of House's Inherent Defect Insurance

The construction quality of a residence house is related to the vital interests of the people and the lives and property. At present, the quality of the project on the prevalence of domestic dispute "hard rights" issue, which has become troubled by the majority of buyers and the thorny issue of government at all levels. By insuring the house's Inherent Defect Insurance (IDI), so that housing projects may be timely to resolve quality problems and effective compensation, no doubt protecting the interests of buyers is very useful. The implementation of IDI system, help to improve the quality of housing, protecting the vital interests of buyers, is conducive to competition in the construction industry to promote the construction of credit system construction industry, but also help the government change the quality of regulatory functions. Establishment of the IDI system, we must first establish and improve related laws and regulations.This liability insurance from the residential construction quality of the legal system perspective, focusing on the following:First, about the IDI system. What is the quality of residential projects, which have anything to do with liability insurance, these issues directly concerning a housing project quality of the legal system liability insurance. The author first residential project on the quality of the connotation of discrimination, this leads to the concept of quality and potential pitfalls, and the classification of risk of damage induction. Secondly, potential pitfalls and liability insurance from the correlation analyzed in detail the IDI concept category, foreign and domestic practice development model situation. Finally, the author in this part of the liability insurance on the residential quality of the project has combed the legal characteristics.Second, liability for damages and defects identified. This section first from the insurance, the insurance period point of view, a new perspective on the housing after the completion of the Quality System to deliver a comprehensive analysis to explain the quality of the relationship between responsibility and insurance liability. And quality defects from the engineering point of view, respectively, and discussed the main responsibility of liability, including survey design flaws, construction defects, material defects, the main responsibilities related. Finally, analysis of quality defects identified issues related to liability for damages, including the responsibility principle, elements and so on.Third, the interests of protection and the liability claim. IDI coverage is insured against third party liability for damages, the ultimate purpose is to protect the interests of a third party. This section first analyzes the definition of the scope of the third party and their legal status, and protected the interests of the third way from the point of view, detail of a third party liability claim about the content and exercise elements.Fourth, IDI legislative proposals. With previous research, the focus on the relevant legislative proposals about the mandatory liability insurance, technical inspection system, Liability claim.