Guarantee Insurance Contract Disputes Application Of The Law

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.At present,the scholars on the issue of mostly concentrated in the nature of warrantee insurance,and compare these two things as the parallel tools,the realization of the right mortgage,the applicable law for reasons such as to determine their attributes guarantee or insurance.I believe that the legal nature of the legal relationship is inverse logic,we should study the nature of the insurance guarantee,the focus should be risk of the debt,have a look at the warrantee insurance.The text is divided into three chapters:The first chapter is about the theoretical and practical issues of warrantee insurance.Mainly on the formation of the warrantee insurance,,the definition and classification,as well as in the development of our country,a guarantee of insurance and the positive significance of the existing problems.ChapterⅡis about the analysis of warrantee insurance's attribute, including the following five parts:1.Property insurance to ensure that the views of assurance that the insurance,a compromise that the views of the grounds are introduced.2.Analysis of the legal debt in the relations between the risk and insurance guarantees and risk diversification as a different tool for comparison.Debt of the legal relationship in both subjective and objective risk,the existence of risk that may affect the parties expected income,the social reality in order to avoid the risk,it may be the future of information through search,choose less risky investment programme,to others,such as risk-sharing approach to risk sharing. Guarantee and insurance with a tool to hedge the risk,but the difference between both the same,but also different points,can not be lumped together.3.Essential attribute of the guarantee,insurance and guarantees to match analysis of insurance contracts with independent assurance on the basis of transactions between the character,and ultimately ensure that the negative nature of the insurance is guaranteed.Through insurance and guarantees to ensure the comparative analysis,we can see the warrantee insurance and guarantees although many similarities,but the differences between the two is obvious,that is in common is secondary,and is the difference between the The main essence of.Warrantee insurance is China's insurance business innovation by a new variety,different from the simple guarantee contracts,its essence is a kind of insurance.Although insurance is guaranteed to policyholders credit and performance to a third person to make a commitment to security,but it is insured situations of non-compliance will be identified as the emergence of a kind of accident insurance,through the determination of the conditions of insurance,accident insurance and disclaimers,as well as limiting the scope of the liability insurance on the way to achieve agreement on the protection of a third person.Therefore,the guarantee of insurance is independent of the Guarantee from the market another form of protection,the insurance companies use their own credit advantages of the natural result of product innovation,has its own independence,science,and can not be simply classified the old Guarantee system.Then the insurance contract and ensure that the relationship between the debt contracts were focused on by the confrontation between the two views of each analysis,to ensure that insurance is independent of the underlying transaction between character.The aforementioned two aspects of verification,and ultimately ensure that insurance contracts negated the nature of the guarantee.4.Comprehensive economics,law theory,reveals the essence of insurance, insurance and guarantees to match analysis,the insurance contract is certainly guarantee insurance contracts.In order to better guarantee that the legal nature of insurance,the insurance must be further excavation of the definition and nature of Law and Economics from the different perspective of Guarantee Insurance positioning.Through insurance and the nature of the legislative intent of two perspectives,observation guarantee insurance.And finally reached a conclusion:Guaranteed insurance nature,not only with the insurance consistent with the Nature,fit China's relevant laws and regulations spirit.5.From a risk management perspective,through both value and function of the nature of the insurance would guarantee insurance for positioning the progress of significance.Based on the value and functions of the two aspects of, and ultimately come to the conclusion:We guarantee that the insurance contract is an insurance contract,affirmed its insurance attributes,more conducive to the realization of the effective management of risk,as well as the security of transactions conducted to provide more effective security,and improving the efficiency of commercial activities.ChapterⅢis to ensure that insurance based on the attributes to address the following questions:1.Ensure that the current insurance contract disputes in the case of the application of the law,there are several viewpoints,their inadequacy of what is.2.Guarantee from the start with the establishment of the insurance contract,the nature of its insurance,guaranteed insurance contracts on treatment to be followed by the principle of the dispute.Put forward their views, that is,insurance contract disputes should insist on autonomy(respect for the initial client and the second choice) and fairness(judicial power,if necessary, the appropriate intervention) principle.3.On the basis of principles to guide further practice,and from the substantive law and procedural law both in terms of the judicial practice in the insurance contract disputes,which guarantees the special problems of research carried out by.