Warranty Research In Insurance Contracts

The warranty has a long history and widespread use in the Common Law, but the rapid development of China's insurance industry today, due to insurance law of the People's Republic of China to ensure the provisions of the lack,the warranty did not receive enough attention, many insurance contracts disputes are arising from the insurance warranty contradiction. But the focus of domestic research marine insurance law in the warranty system for non-maritime laws and regulations by the system of general insurance contracts to ensure the system is not a lot of research. In view of this, this paper attempts by the warranty of insurance contracts set out, using the method of comparative study, examining the reasonableness of the warranty, and China's insurance law, insurance assurance system put forward their own establishment and perfection of the understanding and recommendations.This paper is divided into four parts.The first part of the main content of starting from the warranty, respectively, the warranty set out the basic concepts, characteristics, and by comparison of related concepts, clarify the specific meaning of the warranty in order to avoid a security guarantee that insurance and Disclaimer confusion.The second part mainly in the warranty historical investigation and classification of the main study, described earlier with the risk related to the warranty to ensure that development in the process of the positive effect of the current contract guarantees as to the content of the warranty problems. And express warranty, implied guarantee, confirmatory and commitment guarantees to ensure the four common types of insurance to ensure the focus of a study to analyze the rationality of its existence, as well as the problems faced.To undertake the second part of the third part of the reasonableness of the content of the warranty that the problems faced by legal norms leads to the necessity of the warranty. And to propose a set of analysis and comparison of the insurance to ensure the specific system of legal norms, and from the insurance to ensure the contents of the specification, finds that a breach of warranty specifications to ensure the consequences of violating the norms, as well as the burden of proof standard four perspectives described, in addition to the format of its provisions with the common laws and regulations to conduct a simple comparison illustrates the characteristics of the warranty of legal norms. The fourth section focuses on study of insurance law of the People's Republic of China the status of the warranty schemes, through the existing legal provisions of the interpretation of the warranty system in China, not only in maritime law of marine insurance part of the many missing, but also in the field of non-marine insurance general insurance law, there are omissions. And from the warranty system caused by the absence of negative after the point of view, simple and discusses the emphasis on the need for the warranty system. Finally, the insurance warranty system in China put forward the establishment and improvement of a clear definition of the warranty, application form, applicable to the content of the proposed rules.