| Auto loan guarantee insurance in China's auto insurance market late start of the business, financial institutions and insurance companies both use of resources, joint development of a new financial products, financial institutions,insurance companies, car dealers , The per capita benefit from the car. However, due to consumer auto loans to ensure that high-risk insurance, insurance companies, low levels of internal control, the external environment immature system and other reasons, auto loan guarantee in the insurance market has experienced rapid growth, the market once again is in a serious recession. How to prevent auto loan guarantee insurance market risk and maintain healthy and rapid development of the market, the need has become the insurance industry and the legal profession of the important issues covered. This article from the above-mentioned reasons, to be on the consumer auto loan guarantee insurance for basic research in order to guarantee consumer loans for car insurance research.This article is divided into four parts。The first part of the consumer loan guarantee for car insurance overview. The article analyzes the auto loan guarantee insurance from the source. The article from the insurance guarantee about that, in essence, to ensure that insurance is a legal relationship to the performance of a contractual relationship. Then, the article also discusses the consumer loan guarantee insurance, and an analysis of consumer loan guarantee insurance contracts of the four characteristics: First, insurance contracts of three of the main; Second, insurers eligible for the concession of; Third, the underwriting risk Of the credit; Fourth, the risk of conditions attached to the transfer. The article also reviewed the auto loan guarantee insurance in the rise of China, restricted the basic situation. These articles will be fundamental issues as the theoretical basis that an article and trying to be able to access some of the text after the paves the way as the theory of inspiration. At the same time, the article also discusses the auto loan guarantee insurance contracts with the legal status of a legal nature. The article from the theory of industry to ensure that insurance contracts is to ensure that insurance or a combination of legal argument that the insurance selected as the starting point of the article. The article also analyzed the assurance from the insurance contracts and guarantees to ensure that the difference between a contract that: the main body of the two different; the contents of the two different; the two are different in nature; both brought about by the different liability. On the auto insurance consumer loan guarantee the legal status of that article to ensure that insurance contract is based on the loan contract exists, that is, the loan contract is a guarantee insurance contracts on the basis of the contract, but on the basis of the contract null and void, revoked or not to set up a corresponding rise does not guarantee insurance contracts Invalid, but rather to ensure that insurance contracts based on the subject of the eradication of insurance contracts, insurers need to assume responsibility for insurance only. Although based on its borrowings arising from the contract, but not the loan contract from the contract, but in accordance with the "insurance law" and the existence of a contract form.The second part auto loan guarantee insurance contract law relationship. The law is the law in the relationship between people's behavior in the process of adjusting the formation of the relationship between rights and obligations. In general, the legal relationship by the main body of the object and content (the rights and obligations) constitute the three elements. Of course, auto loan guarantee insurance contracts is no exception. Auto loan guarantee insurance contracts is the main consumer auto loan guarantee insurance contracts are entitled to the rights and obligations of the holders. He is the auto loan guarantee insurance contracts indispensable element, including consumer auto loan guarantee insurance contract (the insured and insurer) and auto loan guarantee insurance contracts the relationship between people (specifically the insured). The parties to the contract refers to himself in the name of the relative contract with the contracting party, and enjoy the rights or obligations. China's "Insurance Law" Article 10 also stipulates: "The insurance contract is insured and the insurer agreed the relationship between rights and obligations of the insurance agreement." Therefore, this article believe that the automotive consumer loan guarantee insurance contract and insurance policy holders only, and not Including the insured, the insured person as the insurance contract, in essence, confused policyholders and the insured the difference between legal status. In the insurance guarantee, the insurance contract is the object of the insured (the rights of people) to the insurer (obligations) were enjoyed by legitimate, the money can be calculated to determine. The article points out that insurance is not a subject of the object of the insurance contract because insurance contracts entered into and to perform and can not be the subject of insurance to protect itself from loss, but only to protect policyholders, insured accidents or insurance in the incident, the subject of insurance Interest from the loss. Therefore, the interests of insurance is the object of the insurance contract. Auto loan guarantee insurance policy holders is the borrower, the insurance man of the approved insurance companies, the insured is the lender. As a result, consumer auto loan guarantee insurance contracts of insurance is to the interests of the insured on the policy holders the right to request repayment of the loan or not appropriate for the Eradication of interest law. Auto loan guarantee insurance contracts and property belonging to the insurance contract, the insurance interests with regard to the nature of the three: First, the economy; Second, the right of law; Third, the combined profit and loss. Auto loan guarantee insurance contracts as a two-contract works to the main contract (the parties) between the negative obligation to pay for the price of the main features, as a contractual relationship, the insured has an independent right to request compensation insurance only incidental to assume the obligations of the contract The article made a comprehensive analysis of policy holders, insurers and the insured person's rights and obligations.The third part into the consumer loan guarantee insurance contracts in the subrogation right and the right to defense. Insurance subrogation, insurance, also known as the subrogation right, is the insurer to assume the responsibility of compensation for insurance money after the enjoyment of the insurer on behalf of the damage to the subject of insurance and accident insurance caused by a third party the right to seek compensation. The article analyzes the theoretical basis for its existence, on behalf of the exercise of the right target, how to exercise the right of subrogation, as well as theoretical issues, such as the scope of the exercise. The article points out that insurance subrogation right to set up a system of insurance law is the balance between insurers, the insured is at fault and the third between the interests of the relationship, the inevitable result of the pursuit of justice, and its theoretical basis is that the compensation obligation to avoid conflict And access to the prevention of unjust enrichment. Insurance subrogation right to exercise the specific conditions can be for the following three aspects: the subject of insurance must be due to damage to third parties arising from the conduct, the insured must be entitled to a third party the right to request compensation, the insurer has been to the insured Payment of insurance money. This article, based on the borrower for the insurance is no fault of the accident, the insurer to the insured compensation insurance, the borrower may not exercise the right of insurance subrogation. For borrowers for the insured to provide security guarantor, as long as the insurance is no fault of the accident, the insurer shall not exercise its right of subrogation of insurance. With regard to insurance subrogation right to exercise the scope of this article believe that the exercise of the insurers of insurance subrogation right, no more than the insured to the compensation amount of insurance money. The right to defense is the exercise of the claims of creditors, debtors against creditors in accordance with the statutory reason to exercise the right to request. The article detailed analysis of the insurer and the insured the right to a different defense. The insurer's right to defense, the article analyzes the basic flaws of the contract on the grounds put forward by the defense, to ensure that insurance contracts for a plea agreement, based on the debt of three defense defense. The defense of the rights of policyholders, to the article, as a result of the creditors (the insured) Prosecution referred to the different nature of the debtor (insured) to defend the right to limit the content and with the insurer's right to defense are not the same. And analyzed the following three conditions: First, the creditors in accordance with the sale of (loan contract) to advocate the rights of the debtor and the guarantor, can the sale of the debtor (loan contract) to defend, and can be pursuant to the main guarantor of the contract or "guarantee" the relevant provisions of the To defend; Second, the insurer to the policyholder (the debtor) recovery, the debtor can not guarantee that the insurance contract does not assume responsibility for security and insurance payments to people on the ground to defend; in the third, in addition to the insurance guarantee, but also to ensure that there is Secured creditors directly sponsor the prosecution, can not guarantee to creditors (insured) should be the first insurer claim as a defense.The fourth part of my steam disappears the funds to guarantee system's consummation. The article altogether legal regime and other system's perfect part I the steam disappears the funds to guarantee a system line of consummation. In the legal regime perfect part, the article consummation guarantees the contract the legal regime and the applicable legislation aspect line. The former article pointed out that is clear guarantees the contract the concept, to guarantee the contract explicitly to stand explicitly, guarantees the benefit explicitly the institute main body. The latter article pointed out that waits the law which guarantees to be suitable, divides the sentiment to guarantee the law suitably and to guarantee the law. Other system's perfect article society credit establishment and prevention and control against biographical sketch of the deceased. The article pointed out that establishes and consummates my society credit system is the steam disappears the funds to guarantee the healthy exhibition indispensable heavy important document, says in me, the legislation advance, the created credit according to a technique system, the cultivation generation of credit clothing system, the cultivation letter thing city system, the establishment public credit city management system, the establishment society is religious nurtures the system and the establishment breaks a promise abstains the mechanism is society the credit system establishment. In the prevention and control, the article line and the policy holder aspect state. The article Construction Bank insurance credit guarantees, is body which the financial city one benignity does reasonably, itself also depends on financial city one step the exhibition; In the policy holder, the article constructs introduces other main bodies with to provide guarantees the clothing, urges the steam to disappear the funds to guarantee to the fairer more reasonable direction exhibition. |
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