Study On Direct Request Right Of The Third Party In Liability Insurance

Tort damage compensation has long been the main way for victims to damage relief.However,as the characteristics of the third human nature of liability insurance have been constantly excavated and enlarged in the social development,its insurance purpose has also completed the gradual transformation from the victim's loss to the protection of the victim's interests.The existence of liability insurance has opened up a new way for the victims' damages.But to truly realize the interests of the victim's complete relief on passive to accept the payment by the insurers is not enough,especially in the practice of the presence of large amounts for the offender escape,bankruptcy,death causes the victim compensation request cannot be achieved,this undoubtedly for the solution of the dispute and social harmony and stability have a huge hidden trouble.At this time,the principle of the relativity of the contract is fixed,and the protection of the interests of the third party is obviously unfavorable.If this problem is to be solved,it is necessary to give the third person the right of direct claim to the initiative of damage relief.This article USES the method of normative analysis,first to liability insurance the third person direct claim legal basis and the history of the liability insurance is introduced,and then on this basis based on the theory of the nature of the third person direct claim analysis,draw a liability insurance the third person direct claim for whether attached defense conditions respectively with the original and rights transfer.Then further direct right of claim to the third person to exercise the body,exercise content,exercise conditions,make a detailed,part in exercising conditions,based on the victim cannot exist in the insurance practice and identify the liability for compensation and insurance companies in the liability insurance contract in fact agreed their participation of case analysis,the author thinks that not the insured's liability to pay compensation to a third person shall be determined as the victims of the third person direct claim to the underwriter.The insurer's defense is the obstacles to the exercise of the third person right,and the regulation of defense to the underwriter should according to the regulations of the third person direct claim source and make a difference,in compulsory liability insurance,the third person direct claim stipulated directly by the law,and the insurer shall not claim against the reason for the underwriter to a third person;In any liability insurance,divided into two kinds of circumstances,one kind is clear in the liability insurance contract to the third person direct claim,at this time of the third person direct claim based on contract,belong to the insurance to pay the transfer of right of claim,the insured and the insurer may use plea against the insured for the third person.The other is a liability insurance contract did not stipulate in the third person has a direct right of claim,but the legal responsibility in a general way insurance direct right of claim of a third person in special circumstances,this kind of circumstance,because of the third person direct claim based on legal,thus the insurer cannot because of the reasons for the insured claims rejected the victim directly.Related to liability insurance the third person direct claim in detail the basic legal issues,the author of the our country present legislation about the content of the liability insurance the third person direct claim to make analysis,found the conflicts exist in the general provisions of insurance law and not enough science,and the special legislation direct right of claim to the third person in the legislation gaps and imperfect place.After summarizes the defects existing in the legislation in our country,the author USES the comparative analysis of research methods,according to the third person direct claim limits of legislation of other countries or regions respectively are advanced,based on the combination of China's insurance industry development present situation has made the following suggestion: delete "insurance law" article 65 paragraph 1 for the insurer to pay direct obligations,give unconditional to compulsory liability insurance in the third person direct claim and any third party liability insurance in conditional direct right and exercise of the right to claim need to confirm with the insured liability to pay compensation for the premise,increasing regulations on the insurer to participate,regulations on the insurer justifications.