By Honors An Agreement To Guarantee The Insurance Contract The Legal Attribute And The Rules And Regulations

The expense credit vigorous development, the insurance company joins positively, thus expedited childbirth in our country has honored an agreement to guarantee the insurance. But as a result of the law of insurance itself limitation, all quarters to honors an agreement to guarantee the insurance contract the legal attribute has the big difference, thus causes the substantive difference which this kind of contract dispute solves. Actually will honor an agreement to guarantee the insurance contract and the guarantee contract, the property insurance contract and will honor an agreement the fidelity insurance contract to carry on one to compare, from aspects and so on contract sign, content, fulfillment mechanism will analyze, we not difficult to discover will honor an agreement to guarantee the insurance contract will be the bilateral paid contract, its content will mainly be pays the insurance premium by the policy holder the duty, insured's insurance payment request power and insurer's safe responsibility constitutes. Its essence is one kind undertakes the fixed quantity responsibility special property insurance, simultaneously also from angle discriminations and so on the policy holder, risk degree and additional compensation way in honors an agreement the fidelity insurance.In the trial practice, to honors an agreement to guarantee the insurance contract dispute also has the various dispute, including the main points of a case, the lawsuit main body, the law is suitable, contradicts the power to exercise and so on. The author believed that, this kind of case should request the power according to the plaintiff the nature union guarantee insurance contract content definite main points of a case. The main body aspect, the contract involves two legal relationships, the tripartite litigant manifests in a contract. The law is suitable the aspect, involves honors an agreement to guarantee the insurance contract the sign, relieves, the violation responsibility and so on is suitable the law of contract the general requirement; At the insurance accident claim, the principle compensate as well as aspects and so on insurance responsibility should be suitable the law of insurance the general requirement and the property insurance contract related stipulation; The law of contract and the law of insurance do not have stipulate explicitly, may refer to is suitable the law of insurance 45th stipulation; To the litigant both the agreement insurance responsibility and the agreement guarantee responsibility, needs to regard the creditor by what kind of legal relationship position right. Contradicts the power aspect, because honors an agreement to guarantee the insurance contract is the property insurance contract one kind, simultaneously also has certain similar places with the guarantee contract. Therefore, the achievement honors an agreement to guarantee insurance contract the insurer compares the debtor and the guarantor has widely contradicts the power, simultaneously also should pay attention contradicts the power the balance. As a result of our country's special national condition, the special credit environment, causes to honor an agreement to guarantee in the insurance contract fulfillment process produces the risk coefficient far exceeds the theoretically reckoning, from this initiates surely honors an agreement to guarantee the insurance contract risk guard and the legal flaw rules and regulations question. From aspects and so on mortgage, individual credit system, credit examination, risk assessment controls and guards against this kind of contract the risk; From consummates the insurance principle, the building good policy environment, the balance insures angles and so on litigant rights and interests, strengthened supervising and managing dynamics, the enhancement insurance legislation construction, adjusts, the revision as soon as possible, formulates conforms to the WTO request safe legal laws and regulations, the optimization insures the market the legal system environment, guides and safeguards our country also to be at the preliminary stage the insurance business healthy development, causes it to move on the standard track, appears especially urgently.