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On Contract Of Attorney's Liability Insurance In China

Posted on:2010-08-29Degree:MasterType:Thesis
Country:ChinaCandidate:L Y ZhouFull Text:PDF
GTID:2166360275482383Subject:Law
Abstract/Summary:PDF Full Text Request
Attorney's liability insurance is one of liability insurances aiming at reducing the career risks of attorneys. The risks of attorneys can be effectively lowered if the contract of attorney's liability insurance is drafted properly. However, there are many defects in China's contract of attorney's liability insurance, which need to be further studied and solved.Voluntariness is one of the characteristics of attorney's liability insurance contract, besides the common characteristics of insurance contracts. At present, attorneys and law offices in China have been forced to take attorney's liability insurance contract with insurance companies, which is against its characteristic of voluntariness. In order to balance the risks of attorneys, clients'rights and voluntariness of the contract, free in contract-taking should be given priority and compulsory should be supplement for Chinese lawyers and law offices, Regarding to policy holder of the contract of attorney's liability insurance, there are three modes as follows: 1. attorneys or law offices; 2. ACLA; 3. attorneys and law offices. There are some issues in mode 1 and mode 2 both in theory and practice. Mode 2, which has been widely used, is still need to be discussed if it has the insurance interest with the insured. Therefore, the third mode should be the best choice at present. Regarding to articles of contractual liability,There are only a few articles stating duty of disclosure. In the aspect of implementation of duty of disclosure,insurance companies have not provided proper means for the policy holders and the insured to carry out their duty of disclosure. Therefore, inquiring list should be introduced to solve this issue. The scope of insurance coverage and exemption are the most important parts of the contract of attorney's liability insurance. The coverage is too narrow to meet the demand of the market. It is feasible to widen the coverage,such as the coverage for paralegals, other staff of law office, and compensation of mentality caused by wrongdoings of attorneys, based on the successful experience aboard and the real situation of our nation.
Keywords/Search Tags:contract of attorney's liability insurance, insurance coverage, exemption
PDF Full Text Request
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