Study On The Guaranty Insurance Contract Of Consumer Credit

The guaranty insurance origins from credit developed US, afterwards many Western Europe countries and Japan set this insurance up one after another. The guaranty insurance contract first appears in the ends of 18th century or at the beginning of 19th century, it is appears along with the commercial credit development. It was introduced into China in 1990's from abroad. As the typical guaranty insurance productions, installment guaranty insurance, auto consuming loan guaranty insurance and real assets consuming loan guaranty insurance developed gradually in our country. This also is the main object of this thesis studies——the guaranty insurance contract of consumer credit. Though the guaranty insurance contract of consumer credit is favorable to all the parties, the system is not consummated for the lack of competent laws and regulations regulating it. There are unnormative procedures in practice and unfixed prejudications resulting from the totally contrary views towards guaranty insurance. In my opinion, the study on the guaranty insurance contract of consumer credit was of great importance.Now the theories of scholars are mainly focus on the nature of warrantee insurance. They compared insurance with guaranty and then confirmed the latter one with the relationship of the subjects, the realization of mortgage and the application law of guaranty insurance. In my opinion, they didn't search deeply into the essence of this insurance contract of consumer credit .The writer used positivism and history, firstly, confirmed the insurance nature of it through analysis of the origin and risk partaking of guaranty insurance contract, then newly defined the attribute of this insurance contract. It is an insurance contract which has the character of debt abalienating. Secondly, the writer analyzed this contract through three crucial factors of traditional legal relation on the basis of the newly attribute, especially the issues which had great dispute: subject, the owner of the insurance benefit, the release of underwriter's liability .Third, the analyses of theory is for the system building, so the writer emphasized the value and basic principles of this system. Finally, there are some suggestions and tentative plan for the legislation and relevant systems of this insurance contract of consumer credit, with the experience of foreign countries and our Taiwan area.In the introduction, the writer explained the background and meaning of this study. At present, the auto consuming loan guaranty insurance and real assets consuming loan guaranty insurance developed gradually in our country. In my opinion, the study on guaranty insurance contract of consumer credit was of great importance.The whole thesis was divided into six parts as following:Part one——the fixing position of guaranty insurance contract of consumer credit, including the definition, scope of guaranty insurance contract ,and the definition , feature of guaranty insurance contract of consumer credit. The guaranty insurance contract of consumer credit was a kind of property insurance.Part two——the analysis on the legal nature of guaranty insurance contract of consumer credit. There are there theories of the legal nature of this insurance contract. The writer used comparison to disaffirm the guaranty nature and eclecticism had obstacle in law application, and then confirmed the insurance nature and newly defined the insurance nature of it.Part three——the analysis on the traditional legal relation of guaranty insurance contract of consumer credit. In this chapter, the writer analyzed the three crucial factors of traditional legal relation: subject, object and content.Part four——the value and basic principles of guaranty insurance contract of consumer credit system. The two main value of this system is safety and efficiency. The basic principles of this system are indemnity, insurable interest, utmost good faith and subrogation.Part five——the study on the legislation and relevant systems of guaranty insurance contract of consumer credit of foreign countries and our Taiwan area. Part six——the suggestions for the promotion of guaranty insurance contract of consumer credit system. Based on the current situation, the author applies her conclusion to the reality and the personal suggestions to the law regulating bonds and relevant system in this area.