Study On Direct Request Rights Of The Third Party In Liability Insurance

The liability insurance is a modem insurance which is new and developed rapidly,how to strengthen the protection of the third party in liability insurance, is a very important topic for now day liability insurance legislation and practice to figure out. The new Insurance Law revised by The Seventh Meeting of the Eleventh National People'Standing Congress in 28th,janury,2009 has definitely prescribed the direct request rights of third party by article 65 It is the first time to ensure the direct request rights on the level of principal insurance law and display the historical significance. However, our country'legislation system is not unified, the confusion in theory leads to dispute in practice. This article based on the instruction of the general rule of civil law, the law of contract, the abuse of authority law and the basic theory of the insurance law, refers to the domestic and abroad related theoretical research and legislation practice of the direct request rights for the third party in liability insurance, embarks from our national conditions, this article has researched some basic problem of the direct request rights for the third party in liability insurance, such as the rationality, the limitation, the legal principle theories the application conditions and the rejection which the third party encountered when he use his rights.Generally speaking, we should solve the interrelated problems based on the distinguish of compulsory liability insurance and random liability insurance. We should take the theory of original acquisition and transformation of rights as the legal principle theories of direct request of the third party in liability insurance. Naturally, the essence of the direct request rights is different by the two different theories. The use of the rights is not unlimited and should accord to certain conditions that are based on the two kinds of rights. Similarly, the counterplea which the third party encountered when he uses his direct request rights should be different. For compulsory liability insurance, the insurer can only use the matters which the insured resist the third party to insist the direct request; but for random liability insurance, besides the resisting matters used in compulsory liability insurance, he insurer can also use the matters that they used to insist the insured to insist the third party. It is necessary to consummate our country's legislation from the legal structure to its content. Take the Insurance Law as the common law to prescribe the principle matters and take the compulsory particular law to prescribe the essence,using and counterplea. The final legislation aim is to protect the legal rights and interests of third party.