Study On Export Credit Insurance Disputes Clause

With the continuous growth of foreign export trade and foreign investment in China,the importance of export credit insurance in export trade has been deepened,disputes about export credit insurance contracts often occur,and the China Export and Credit Insurance Corp is also disturbed by the civil action brought by the insured,and more of them are due to the insured.It is against the precondition of disputes in the insurance contract.The first clause of the dispute is the form clause in the export credit insurance contract.The concrete form is that the insurer has the right to not approve the loss and compensation before the insured obtains the effective legal documents and apply for execution by the insurant through litigation or arbitration.In judicial practice,the validity of the export credit insurance contract is not clearly stipulated in the laws and regulations,and the identification of the dispute has no standard.There is no clear conclusion on the determination and application of the court's validity of the first clause of the lawsuit,which leads to the difference between the same cases in the judicial referee and the prejudicial clauses of the disagreement with the trial.Affirm.The first part of this paper is to introduce the relevant concepts of the first clause of the dispute over the export credit insurance,to explain the object of the study;the second part lists the typical judicial precedents and analyzes the problems in practice;the third part,in combination with the problems in practice,analyzes the preconditions of the dispute and the starting conditions for the "dispute" and puts forward the construction of the dispute.Discussion.This article mainly discusses the validity of the pre-dispute clause from the following aspects:first,the export credit insurance has a strong policy character,which is financed by the finance,so the equity should be inclined to the insurer;secondly,the judicial interpretation of the Supreme Court stipulates that the contract should be preceded by the contract;finally,the first clause of the dispute It does not exclude the substantive rights of the insured from obtaining insurance compensation and does not make the insurer exempt from liability.However,in judicial practice,due to the lack of standard and undefined definition of disputes,the right to delay the insurance of the insured and the rights and interests of the insured should be wrongly expanded in the judgment,so the standard should be clearly defined,and the applicable standards and perfect lifting should be strictly limited.The rule of proof and supervision should be strengthened to make the precondition clause more reasonable.