The Study Of The Practical Issues In Contract Guarantee Insurance Of Personal Auto Loans

As with the traditional insurance products, auto loan guarantee insurance isimported from abroad, and along with the Chinese economy progress,auto loanguarantee insurance has rapid development, And thus have a certain socialbenefits.However, due to the corresponding social mechanisms are not sound enoughand perfect there are still many problems in the actual business, plus the high risk ofitself, the absence of appropriate laws and regulations and the management to theinsurer failed to timely to adjust and standardize it, auto loan guarantee insurancebusiness in2003got into a corner, although in recent years auto loan guaranteeinsurance business resumed off, because auto loan guarantee insurance related systemis not perfect and the lack of business experience, about this insurance in theory andpractical circles are still debating, so study the practical problems of auto loanguarantee insurance contract in-depth has important practical significance.This article is mainly divided into five parts as following：Chapter one The author first carrieds on the practice of auto loan guaranteeinsurance, and introduces the basic practical process and characteristics of auto loanguarantee insurance contract， And then introduces a typical case of guaranteeinsurance of automobile consumption, And thus put forward the relevant practicalproblems of guarantee insurance contract.Chapter two The author mainly by comparing three guarantee insurancetheory and analyzes the nature of auto loan guarantee insurance contract, finally theauthor concludes that auto loan guarantee insurance contract shall be a specialcontract of property insurance, it should be defined as property insurance rather than tother nature.Chapter three The author focuses on analyzing the problems of theindependence of the auto loan guarantee insurance contract, in view of the guaranteeinsurance contract is independent of the foundation, the author puts forward theguarantee insurance contract shall be independent from the loan contract andagreement. Chapter four The author analyzes the insured’s right of defense issues of theauto loan guarantee insurance contract in the practice, in view of the insurer’s right ofdefense, the author suggests in the guarantee insurance in practice should limit theinsurer’s right of defense, but the insurer can in the relevant prescribed has first todefense.Chapter five The author introduces the right of recourse about the auto loanguarantee insurance contract, according to the problem of the insurer’s right ofrecourse, the author suggests that the right of recourse about the auto loan guaranteeinsurance should be separate ruled,and clear the underwriter ownership of thecollateral, and also the insurer can get the right of recourse based on agreement.At the end of this part, the author made a system of the content of the summary,summarizes four conclusions, once again the author makes clear the nature of autoloan guarantee insurance contract and give the suggestions about how to deal withthree major problems in the practice of auto loan guarantee insurance contractproposal.