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Research On The Right Of The Third Party Victims To Directly Request Insurer To Pay The Insurance Money

Posted on:2011-03-11Degree:MasterType:Thesis
Country:ChinaCandidate:D F GuoFull Text:PDF
GTID:2166330332958449Subject:Law
Abstract/Summary:PDF Full Text Request
Compulsory traffic accident liability insurance for motor vehicles has played a significant role in cases of damages for the victims of traffic accidents. This kind of insurance increases the obligatory properties of the insured and the probability of compensation for the victims through paying insurance money to the insured or victims. The legal rules of the right of the third party victims to directly request insurer to pay the insurance money has played a key role in the legal system of the compulsory traffic accident liability insurance. These rules avoid the legal risk of not obtaining deserved damages through empowering the right to directly request insurer to pay the insurance money to the third party, reflecting the legislative purpose to protect the third party victims.The legal rules of the right of the third party victims to directly request insurer to pay the insurance money have been established in ,,< The Regulation on Compulsory Traffic Accident Liability Insurance for Motor Vehicles >. However, neither the law nor the theory have solved the problems as follows: the scope of the third party victims, the legal characters of the right of the third party victims to directly request insurer to pay the insurance money, defense against the right of the third party victims of the insurer. For this reason, judges have made entirely different decisions when meeting with similar or even same problems. As a result,the legal rules of compulsory traffic accident liability insurance could not be applied directly and uniformly to a certain extent and the positive function of these rules have been weakened. So academic discussion about these problems have theoretical and practical value. This thesis discuss the right of the third party victims to directly request insurer to pay the insurance money as follows:The first chapter introduces the scope of the third party victim. In this aspect it would perform researches on the subject of the right of the third party victim to directly request insurer to pay the insurance money, that is, who shall enjoy the direct requesting right towards the insurer. From four parts it makes the analysis upon the scope of the third party victim. First and foremost, starting from the theoretic angle it conducts the analysis on the scope of the third party victim; secondly, from the legislative view it contrasts the differed definitions of relevant laws and regulations upon the scope of the third party victim; thirdly, selecting three sorts of typical problems it analyzes the different cognitions on the scope of the third party during the legal practice; at last, it studies whether the scope of the third party victim shall spread out.The second chapter tells the foundation of the legal principle for the right of the third party victim, which is illustrated from two aspects. The first one makes the analysis on this point, that is, safeguarding the third party victim; through the sorting and analysis on the previous theories the second one puts forward the character of the right of the third party victim, that is, the legal transferring of the contractual rights of the insured.The third chapter shows the legislation and prejudication of the third party victim. It adopts the theory of the right transferring from the character of the direct requesting right system of the third party victim described in the second chapter, and analyzes the pertinent problems of the legislation and juridical cases, so as to put forward the proposal on the correct application of laws.The fourth aspect talks over the defense of the right of the third party victim to directly request the insured to pay the insurance money.It first and foremost elaborates the limits of the defense owned by the insurer against the third party victim in the compulsory traffic accident liability insurance and further illustrates this kind of the defense shall fall into the one against the exemption clause of the insurance contract; at the second place it conducts the research on whether there is the validity of present legislation on the exemption clause against the third party victim; and then it studies the recognition and legality of the defense validity of the exemption clause from the juridical cases; finally, it raises the proposal on how to promote the exemption clause.
Keywords/Search Tags:Compulsory traffic accident liability insurance, third party victims right, right of the third party victims to directly request insurer to pay the insurance money, defense against the right of third party victim
PDF Full Text Request
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