On The Direct Requests Of The Third Party In Liability Insurance

The liability insurance is a modern insurance which is new and developed rapidly. How to strengthen the protection of the third party in liability insurance , has become an important topic in development of the system of liability insurance now. This article based on the instruction of the general rule of civil law, the law of contract, the abuse of authority law and the basic theory of the insurance law, refers to the domestic and abroad related theoretical research and legislation practice of the direct request rights for the third party in liability insurance, embarks from our national conditions, this article has researched some basic problem of the direct request rights for the third party in liability insurance, such as the rationality, the limitation ,the legal principle theories , the applicational conditions and the rejection which the third party encountered when he use his rights, and put forward some correlation legislation proposal Besides the introduction and the conclusion , this paper is composed of five following chapters.Chapter 1 This historical evolution of the third party in liability insurance. Mainly introduced the evolution of the direct request rights for the third party in liability insurance, discussed the rationality of its existence, indicated to its legislation tendency combined with the legislative practice of the main country in the world.Chapter 2 "the legal principle theories of direct requests of the third party in liability insurance". By the analysis of various kinds of theories, discussed the legal principle theories of the direct request of the third party in liability insurance, pointed out that in our country the obtain of the rights should based on the theory of original acquisition and transformation of rights.Chapter 3 "the practice and expansion of direct requests of the third party in liability insurance ".Discussed the way of practice of the rights in detailed, which includes the content, the practical objects and conditions. Emphasized that the use of the rights is not unlimited and should accord to certain conditions. Also pointed out that this right shouldn't limited between...