A Case Study On The Validity Of Pseudonymous Signing Financial Guaranty Insurance Contracts

With economic development,insurance companies have established a new business – Financial Guaranty Insurance.This business can ensure the safety of bank credit assets at the same time,promote consumption growth,to meet consumer demand.However,the Insurance Act does not have a clear definition of the insurance contract before modification.China's "Insurance Law" on the market in some of the major types of insurance have special provisions.Such as death insurance for life insurance,health insurance,liability insurance in property insurance,etc.However,insurance law does not make special provisions for insurance.The 2009 Insurance Act amended,although it is expressly provided that insurance is a property insurance,but other specific provisions on securing insurance are still lacking.Because the lack of relevant specific provisions to ensure the nature of insurance to ensure the effectiveness of the insurance contract to determine the insured person to review the subject of credit and other issues are not clearly defined.Due to the lack of clear and specific legal provisions,the court did not qualify the conduct in the trial,to ensure that the nature of the insurance contract in the insurance industry and the legal industry has been controversial.China's practice to ensure that the insurance situation is not very good,facing a very real problem is that,due to the lack of insurance legislation to ensure that when consumers,banks,insurance companies because of insurance contracts to dispute,the judges can not use a unified law provides for judgments,so often have the same case of different circumstances.It is difficult for the courts to implement the principle of equality in this situation and to ensure that the development of insurance business is also hampered.There are many exceptions to the insurance that are inherently different from other property insurance.The general terms of the insurance law are difficult to apply in the case of insurance,and it is necessary to make special provisions on their legislation to promote further insurance development of.This paper has five parts,the first part of the question,two,three,four parts of the impersonation of the insurance contract signed the effectiveness of the three aspects of the discussion,the fifth part of the case review,summed up the statement.The specific structure is as follows:In the first part of the paper,the author listed "China People's Property Insurance Co.,Ltd.Guangzhou Yuexiu branch company and Xie Zhaizan,Wu Chuping insurance subrogation claims dispute",and "China Merchants Bank Co.,Ltd.Shenzhen Longgang branch and Zhu Jianru,China Ping An Property Insurance Co.,Ltd.Shenzhen Branch to ensure that the insurance contract dispute," the two cases of the brief case,and extract the three cases involved in the imitation of the signing of the insurance contract to ensure the effectiveness of the focus of the dispute: 1.to ensure that the insurance contract insurer Have the obligation to review;2.whether the insurance contract in the case is valid;3.impose an insurance contract to produce what legal consequences.The second part discusses the first controversial issue: to ensure that the insurance contract insurer has a review obligation.Because the insurance contract is a special property insurance contract,so to solve the insurance contract dispute and other legal issues must first ensure the nature of the insurance contract to make a clear definition.This part first explores the connotation and nature of the insurance,and then expounds the content of the insurance contract guarantor from the three aspects of guaranteeing the scope,object and way of the insurance contract.The third part of the study of the second issue: impostor to ensure the validity of the insurance contract,this part is to ensure that the insurance contract to establish the elements and impose the validity of the insurance contract to determine the two aspects of inspection.In the fourth part,the author analyzes the third issue,that is,with the effect of different,impersonated insurance contract signed on the parties to the contract the legal consequences are different,and enumerated the fake signed insurance contract to the parties The legal consequences of the parties.The fifth part elaborates the irrationality of the court judgment in the two cases,puts forward the suggestion of how to judge,and finally puts forward the relevant suggestions on the legislation and judicial guarantee of the insurance contract system.