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Research On Guarantee Insurance Contract

Posted on:2013-03-06Degree:MasterType:Thesis
Country:ChinaCandidate:Z L HeFull Text:PDF
GTID:2246330395988492Subject:Civil and commercial law
Abstract/Summary:PDF Full Text Request
Guarantee insurance contracts in recent years in China, the rapid andvigorous development, the major insurance companies have introduced productsto ensure that insurance coverage should also gradually expanded, penetratedinto all aspects of Such as mortgage, long futures loans, project loans, auto loans,including car loans appear earliest and most mature, most typical. GuaranteeInsurance has made a lot of experience and progress, but relative to other typesof insurance in China is still relatively new thing, and of relevant aspects of thesystem is closely related to, for example, different spending habits, credit,inform the system is imperfect, the appropriate agencies uncoordinated and soon. This paper attempts to illustrate the relevant system through a specific carloan case. I capacity, combined with insurance increase in the research, thisarticle does not guarantee the origin and development of the meaning of theinsurance system and the system to do too much explanation, but starting fromthe specific cases, leads to the related legal disputes and Notes further pointed out that the focus of this paper-to ensure that the insurance contract and autoloans, mortgages and other debt, debt contracts (referred to as the underlyingcontract, the same below) and the right of subrogation and right of defense,exercise and precautions.In addition to the introduction and conclusion, the body is divided intothree parts, in case of about two thousand words.The first part, an overview of the papers selected cases. The author in thispart of the two parts, first introduced the selected case, the focus of controversyin the case of the parties were summarized and described two reasons for thejudgment of the court case and the hearing; case leads to this paper mainlydiscusses the problem, and then dispute the point; clarify the fuzzymisunderstanding; provide a reference for the actual operation.The second part, to ensure an overview of the insurance contracts and caseproblems。The difference to ensure that the exposition of the concept ofinsurance contracts to explicitly ensure that the meaning of the insurancecontract to ensure that the insurance contract in the case in the problem and solution and reasons: to ensure that insurance contracts and guarantees; calledon the beneficiaries; the underlying contract invalid or whether the changesaffect the guarantee insurance contracts; resolve to ensure that the third personin the insurance contract; from the perspective of civil law on cases involvingcriminal offenses. Followed by analysis of cases lead to the right of defense: theinsurer’s right of defense; main defenses。The third part, perfect to ensure that the content discussed in the insurancecase。The former on the basis of the article discusses, I guarantee insurancesubrogation, to ensure the coexistence of insurance contracts and guarantees,and truthfully inform the several aspects presented perfect guarantee insurancecontracts. First, make sure the insurance on behalf of bit the right to: subrogationto exercise the main body; right of subrogation to exercise the conditions toexercise; rights and interests of the transfer certificate of use; Second, warrantyand guarantee insurance contracts coexist: guarantees and guarantee insurancecontract, the coexistence of; how to solve the guarantee and guarantee insuranceco-exist; Finally, the Duty to Inform: Introduction to truthfully inform; Duty to Inform guarantee insurance contracts in the importance of building envisaged.
Keywords/Search Tags:guarantee insurance contracts, guarantee, right of defense, right of subrogation
PDF Full Text Request
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