On Application Of Law About Guarantee Insurance

Due to the current lack of clear laws and norms to regulate the Guarantee Insurance legal relationship, Meanwhile, with different understanding of the Guarantee Insurance for the legal concept, legal nature and legal application ,which easily lead to problems and disputes. Together with the complexity of the case and the intense controversy, different courts have different results. Therefore, to analyse the Guarantee Insurance system from a legal point of view and to define the legal nature of the Guarantee Insurance norms rationally, as well as to improve the legal appropriation is not only to enrich theoretical significance, but mainly to achieve the goal which is based on the unity of realization, moreover, the solution to deal with the dispute on Guarantee Insurance in practice is applicable to the principle of unified administration of justice.Guarantee Insurance, is a special kind of property insurance, which has clear properties, in essence, is completely different from a security guarantee. Although the Guarantee Insurance contract and the consumer loans contract are something associated, it is obvious that the purpose and function of the Guarantee Insurance contract as a means is to fill the damage, thus to be independent in existence. The effectiveness of the consumer loan contract does not dominate the effectiveness of the Guarantee Insurance contract. A considerable part of the contents'essence of Banking and Insurance Cooperation Agreement is the claims agreement reached in advance between the insurance companies and the insured. Although it does not have to guarantee the effectiveness of the insurance contract, it has identified subject and object of the contract, which is a legally binding contract; When the Banking and Insurance cooperation agreements with specific guarantees in the insurance contract are inconsistent, it is important to depend on whether the Banking and Insurance cooperation agreements should be considered as a special agreement into concrete guarantee insurance contracts or not and be treated separately in different circumstances. The Guarantee insurers enjoy broader defense of the right than the Guarantor and they can obtain the right of subrogation in the name of their way of the "legal transfer" after their obligation performance of insurance. To ensure that insurers have clear obligations, in addition to the specific circumstances shall not be lifted to ensure that insurance contracts; Guarantee insurance policy holders have the obligation to truthfully inform the insurer, but in addition to the specific circumstances to lift the enjoyment of any right to guarantee insurance contracts; Courts consumption Loan contract, would not guarantee insurance contracts and consumer loans joinder of the contract; Guarantee insurance policy holders malicious deception alleged criminal offenses, depending on the situation should be dealt with sepa rately.