| Warrantee insurance was introduced into China in 1990's from abroad. As the typical warrantee insurance productions, installment warrantee insurance, auto consuming loan warrantee insurance, and real assets consuming loan warrantee insurance developed gradually in our country. Though warrantee insurance is favorable to all the parties, the system is not consummated for the lack of competent laws and regulations regulating it. There are unnormative procedures in practice and unfixed prejudications resulting from the totally contrary views towards warrantee insurance. Nowadays, it is generally agreed by the more and more essays published that research on warrantee insurance is of great importance.Now the theories of scholars are mainly focus on the nature of warrantee insurance. They compared insurance with guaranty and then confirmed the latter one with the relationship of the subjects, the realization of mortgage and the application law of warrantee insurance. In my opinion, it is illogical to analyses the legal nature of warrantee insurance according to the law relationship. Viewing the origin of warrantee insurance from the angle of economy may be a creative way. So this essay, using comparison and positivism, begins with the risks in the obligation law relationship to obtain the differences between the guaranty law relationship and insurance law relationship. The essay disaffirmed the guaranty nature of warrantee insurance and then confirmed the insurance nature of it through analysis of the legal and economic definitions, the value, the function and the mechanism of insurance. On the basis of the insurance nature of warrantee insurance, the author resolved some disputes such as the classification, the subjects, the premium and the mortgage. In the end, there are some suggestions and tentative plan for the legislation, practice, and relevant social measures of warrantee... |
PDF Full Text Request