Research On The Direct Claim Right Of The Third Person In Liability Insurance

The purpose of liability insurance is originally to protect the insured, but with the development of society, its center of protection has gradually inclined towards the third person suffering the infringement by the insured, and whether or not the third person can enjoy the right to directly claim the payment of the insurance money from the liability insurer plays an important role in protection of the third person's interests. On the basis of synthesizing the viewpoints of various schools, and taking the 50th regulation of the Insurance Law as the starting point of the research, this thesis gives a brief introduction to the connotation, content and nature of the third person's direct claim right, analyzes the deficiencies existing in the 50th regulation, and the defects arising in practice, raises the opinion that it is necessary to grant the direct claim to the third person in our country's liability insurance, meanwhile expounding the feasibility of granting the direct claim to the third person from the two aspects of theory and practice. On this basis, the thesis conducts an exploration of the relevant problems of the condition of exercise of the third person's direct claim right, counterargument encountered, and judicial relief, etc. Finally, in combination with the concrete strength of our country's liability insurance, and making reference to the legislation experience of various countries worldwide, the article puts forward a legislation proposal that two clauses be added to the 50th regulation of our country's Insurance Law.