A Study On The Right Of Direct Claim Of The Third Party In Liability Insurance

Nowadays liability insurance around the world is inclined to protect the rights of the third party. It is an important issue for insurance legalization and practice how to really protect such rights. Such third party is not the party to the insurance contract, but a subject to the liability insurance contract.His participation into the liability insurance is based on his direct right against the insurer under the liability insurance. In some circumstances, such third party cannot be reimbursed timely and effectively, which demands the direct right of such third party against the insured. Guided by the legalization principle of protecting the damaged third party, we need to figure out the basic requirements for such party to be reimbursed and further find out the better approaches for such party to be reimbursed timely and properly. To entitle such party to the direct right to claim against the insured originates from the demand of the real society. Our legalization concerning the liability insurance need be amended to realise such right in law.Our 2009 Insurance Law in Article 65 definitely defined the direct right of the third party under the liability insurance, illustrating the first confirmation in our basic insurance law for such right and the landmark meaning for clarifying such right. But, provisions in Chinese law and rules fail to form a unity, resulting in many disorders inside such right system and many problems in practice. This thesis aims to find the better way to improve it with study in legalization and practice both home and aboard, clarify the legal base for the theory of original acquisition and the theory of right transfer. The defects of the direct right of the third party under the liability insurance, execution conditions for such right and its execution rules will be analyzed and the suggestion for them will be made out to better execute it.