The Law Natural And Regulation System Over The Guaranty Insurance Contracts

The Article 95 of New Insurance Law implemented on September 1th in 2009 Clearly provides that the property insurance business includes guaranty insurance.Previous debate on this kind of insurance in theory and practition domain has ended for a while.But New Insurance Law doesn't define the guaranty insurance,so the debate on the issue of the legal nature and legal regulatory system of guaranty insurance contracts has no result yet.This article argues that the roots of the debates about guaranty insurance contracts lie in the confusion of its legal nature.So defining the legal nature of guaranty insurance contracts is the theoretical premise and breakthrough of integrating something new into the traditional theory of civil and commercial law system,which is also the theoretical basis for improving the legal regulatory system of guaranty insurance contracts.This article has a special research on the legal nature of guaranty insurance contracts, and thus on this basis,it comes to some new conclusions on the location of the kinds of guaranty insurance and the legal application of guaranty insurance contracts.Based on the analyzation of the different appointments of the legal nature of guaranty insurance contracts,this article affirms that guaranty insurance is one kind of the property insurance and it belongs to the concept of system level.At the same time,it is not a security contract, but rather an independent commercial contracts--insurance contracts,which is independent from the traditional civil law based on the "Insurance Law" theory basis.Besides,guaranty insurance contracts apply the Insurance Law in the legal application;if Insurance Law does not have a provision for the application, guaranty insurance contracts apply the "Contract Law", and there has nothing to do with "Security Interests Law".