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Problems That Exist In The Case

Posted on:2014-02-22Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:2256330425471642Subject:Law
Abstract/Summary:PDF Full Text Request
Wade confirmed case is personal and property rights, legal relationship is more complicated. When the new situations and new problems, the existing laws, regulations and judicial interpretation content is relatively deficient, the lack of operability. For example, more than one, with traffic accident victims not Sue how to deal with problems at the same time. Some victim sued, the court whether you need to notify other victims to participate in litigation; On part of the victim prosecution, the people’s court is unable to find out other victims or notify the other the victim participate in litigation, or other victims insisted not to prosecute cases, whether to need to known the other victims of the reserved shares. The author thinks that should adopt consolidated, ruling.\|Within the scope of the limitation of liability\" should be how to understand and measure limit should abide by; Commenting on the provisions of the factors involved in the problem and its effects, the problem does not belong to the scope of judicial judgment, and should be decision by legislation, so shall follow the provisions of item limit. Mental damages of a sequence problem. In the case of designing, there is no specific provision, compensation for mental damage compensation and property damage, or material damages to compensate for the order, should by the right people choose travel claim; Disclaimer, has yet to define the scope of the disclaimer, Suggestions for expanding the disclaimer explanation; Insurer to fulfill its obligations of specified degree of certainty, for disclaimer specified obligations defined, shall, with the development of society and the public cognition, scope changes; Medical program intervention can be reduced or remitted policy-holder truthfully inform obligation, if in the usual in the medical diagnosis could find and undiscovered, matters which should be considered to be a medical doctor should know which considered the underwriter should know. This kind of situation, the underwriter cannot citing the applicant did not inform to cancel the contract. However, if the applicant did not inform the item is a medical doctor in the usual diagnosis method cannot be found, for policy-holder, belong to did not truthfully inform, the insurer shall have the right to terminate the contract.
Keywords/Search Tags:Problems involved in insurance cases, Cause Analysis, Solution
PDF Full Text Request
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