On The Claim Of Liability Insurance Of Third Party Directly

The liability insurance is a kind of property insurance. Its object is the liability to indemnities of the insured to the third party. The original aim of liability insurance is to disperse and transfer compensation liability of the insurant for the third party. It exists only for the benefit of the insurant. However, with development of the liability insurance, the trend that attaches importance to protect the benefit of the third party has been formed. This article discuss the direct claim right of the third party against the insurer, pointing out that we should complete the relevant legislation of our country. The whole article is divided into 5 chapters.Chapter1 mainly discusses the fundamental legal problems of liability insurance, including the concept, characters, functions and types of liability insurance.Chapter2 discusses the status, the scope of the third party of the liability insurance contract, pointing out that the liability contract is a kind of contract for the benefit of third parties, and therefore the third party is actually the beneficiary of the liability contract. The scope of the third party is decided by the foundation of the liability, the stipulation of the insurance contract and law.Chapter3 begins with two cases, which embody the necessity of giving the third party the direct claim right against the insurer. It also discusses the foundation of the direct claim right is based on the theory of breaking through the relativism of contract and introduce the relevant legislations of many developed countries in the world.Chapter4 mainly talks about the practice of the direct claim right of the third party, including the content, restrictions, counterpleas of the direct claim right of the third party. In compulsory liability insurance, the insurer can only counterplea the third party with the matter that the insured would take against the third party; while in optional liability insurance, the insurer can counterplea both the matter mentioned above and the matter that the insurer would take against the insured.Chapter5 analyses the relevant stipulations of The Insurance Law, The Road Traffic Safety Law, and The Regulations on Compulsory Liability Insurance of The Automobile Traffic Accident of our country, pointing out that there is no direct claim right of the third party in those legislations. And only in the Civil Aviation Law and The Special Procedure Law on Admiralty Action have limited stipulations. But the court of our country has already made some explorations by acknowledging the direct claim right of the third party in compulsory liability insurance. The author recommends that by absorbing the experience of other countries' practice, we should do something to complete the relevant legislation of our country.