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The Research Of The Motor Vehicle Compulsory Insurance Exoneration Clause Legal Questions

Posted on:2012-11-23Degree:MasterType:Thesis
Country:ChinaCandidate:M L YangFull Text:PDF
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The compulsory insurance of motor vehicle mentioned is the third party liability compulsory insurance of motor vehicle traffic accident, is the abbreviation of insured by insurance company to produce road transportation accident caused a motor vehicle outside personnel insurant this vehicle the victim's personal casualty and property loss, in compensation liability limit the mandatory liability insurance. According to law by the insured shall undertake liability to the third party as insurance mark. The court in road traffic accident compensation for demage and insurance contract dispute process to the exoneration clause that vehicle for different standard, lead to unfair, triggered moral risk. In road traffic accident compensation for personal injury, the court usually don't dispute review the effectiveness of the exoneration clause of insurance contract, insurance company the justifications for policy-holder can fight the victim, the judicial practice in a large presence in the name of the applicant appear prosecution, the victim of the traffic accident infringer profit because. Vehicle under two kinds of litigation exoneration clause the suitable standards and exoneration clause set itself needs to be further improved. In road traffic accident compensation for demage, lawful and valid insurance contract is the basis of insurance compensation, the victim's direct claim to insurant is the scope based on insurance contract shall be applicable to insurance gold, ought to be in the validity of the insurance exoneration clause for examination. Because of key concept vehicle exoneration clause is not clear, namely a third party, property damage, spirit of his compensation, driving without license, the scope of medical insurance is unclear, causing confusion. Through of the road traffic accident compensation for insurance contract dispute applicable unified disputable issues applicable, clearing the connotation of key concepts of the compulsory insurance of motor vehicle, improving the " the compulsory insurance of motor vehicle regulations " article 22 and quantitative spirit of his compensation to perfect compensation insurance exoneration clause, thereby improve to treat road traffic accident.
Keywords/Search Tags:road traffic accident, the compulsory insurance of motor vehicle, exoneration clause
PDF Full Text Request
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