Hire Car Insurance Contract A Number Of Legal Research

Domestic automobile buying installment insurance,refer to a kind of property insurance in which an insurance company will be liable to pay insurance money to the insured( automobile dealers or financial institutions) suffering loss due to automobile buyer's failure to pay the money (or loan) within the period specified in automobile sales of contract (or automobile loan contract) according to the stipulations in the insurance policy.The object of automobile buying installments insurance is different from the visible object of traditional property insurance;it is a repayment credit of auto buyers and borrowers. Auto installments insurance is actually a kind of credit (surety bonds) insurance.Auto buying installments insurance has components of general property insurance policies,comparing with guarantee,it is different in right,obligation and implementation,counterargument etc,"guarantee law" is not applicable to this insurance;auto buying installment insurance and auto sales contract has no master-slave feature,mutually separated,can not be incorporated for inquisition;the insurance agreement established by insurance policy parties and filed insurance clauses are supplemented mutually,the agreement will prevail in case of any conflict;the agreements such as "reserve auto ownership","set auto hypothec" in installments auto sales contract are the effective instruments of insurer to control risk,determine the paying scope of insured,is the foundation of the insurance policy,the insurer will be entitled to use it as the reason for exemption and subtraction of responsibilities."Hazard increase" stated in the State's "insurance law" is restricted to insurance accident risk,according to foreign legislation experiences,the writer suggests making corresponding modifications on article 36 in " insurance law",in attempt to increase the risk to influence the payment scope of insured,i.e. influence the insurer to make out underwrite decision.Aiming at the problem existing in actual operation and lawsuit of installment auto buying insurance,the writer suggests working out judicial interpretation for insurance law,to standardize the installment auto buying insurance behavior. In addition,it is also suggested that the registration contents of "reserve auto ownership" be added into national Registration Measures on Motor Vehicles,to meet the development requirements of auto buying installment insurance.