Study On Vehicle Consumptive Loan Guarantee Insurance

Vehicle consumptive loan guarantee insurance (Generally, we call it che-dai insurance in china) is one kind of guarantee insurance combined with vehicle consumption by installment. This business is run by insurance companies, and it is for the commercial banks and some other credit institutions. Although it is over ten years in practice, there is no laws and regulations provide its legal nature. This situation cause many problems and influence the vitality of the business directly and strongly. When comes to its legal nature, there are violent disputes in academics. Mainly, there are two different theories, namely, insurance theory and guarantee theory. Different definition about its legal nature will lead to different application of law in judicial practice. So, it will cause different responsibilities between credit institutions and insurance companies. Because of we are still unclear the legal nature of vehicle consumptive loan guarantee insurance, there are much confusion in relevant cases. This article try to use historical analysis, comparative analysis, positive analysis to study the legal nature of vehicle consumptive loan guarantee insurance. And, this article will discuss two concrete problems about vehicle consumptive loan guarantee insurance.The first part is the fundamental introduction of vehicle consumptive loan guarantee insurance. This part is to show the origin of guarantee insurance, to expound its economical background and to relate its development in some foreign countries. Then, this part will focus on its development in china. It will put emphasis on the two dramatic change stages of vehicle consumptive loan guarantee insurance and the reasons of the changes. The last is to relate the historical value of vehicle consumptive loan guarantee insurance and its current situation. This is to show its promotion for the consumption of vehicles and the vehicle consumptive loan in the past. The first part is a cushion for the following text.The second part is the analysis of the legal nature of vehicle consumptive loan guarantee insurance. Because of vehicle consumptive loan guarantee insurance is a kind of guarantee insurance, they are the same in their legal nature. So, this part is to discuss the legal nature of guarantee insurance. There are insurance theory and guarantee theory about the legal nature of guarantee insurance. This article will summarize the disputes of these theories and criticize the split the difference theory. Then, this article bases on the feature of vehicle consumptive loan guarantee insurance, is to have a conclusion that vehicle consumptive loan guarantee insurance is insurance, not guarantee, from the refute the main reason of guarantee insurance theory, the horizon of comparative law, the current laws and regulations three aspects.The third part is the force adeffect of cooperative agreement between commercial banks and insurance companies, and commercial banks' risk prevention. In practice, there is still some debates about the force adeffect of cooperative agreement between commercial banks and insurance companies, especially when commercial banks divert their investigate responsibility to insurance companies in credit investigate stage in agreements. This agreed divert is legal or illegal will make different legal liabilities between commercial banks and insurance companies. According to laws and regulations, this article considers credit investigation is legal obligation for banks, it cannot be diverted. Based on this conclusion, the author thinks there are several legal risks in credit investigation stage for commercial banks, no matter they divert their investigation liabilities in agreements or not. Then, this article gives some primary suggestions to deal with these risks.The forth part is the insured fraud and the benefit balance between commercial banks and insurance companies. The fraud is very common. Insurance companies stand they are unaccountable when there is insured fraud. So, commercial banks are in great risk in this situation. According to insurance contract is utmost faith contract, the author thinks insurance companies stand they are unaccountable when there is insured fraud is legal. But the author also thinks this is not reasonable. Buy using economic man theory and game theory, this article considers there is no winner between commercial banks and insurance companies. This situation is result from unreasonable laws and regulations. At last, this article gives some advice about rearrange the rights and liabilities between commercial banks and insurance companies.The last part is a concluding part. This article thinks vehicle consumptive loan guarantee insurance is insurance. So, we should use insurance laws and regulations to deal with insurance disputes. But, it is unreasonable obviously. It seems that the conclusions are self-contradictory. The author will explain this problem briefly and reaffirm the realistic significance of this article's survey from judicial practice and asset securitization two aspects.