Research On The System Of Liability Insurance Of Preservation Of Property

The guarantee method of liability insurance of preservation of property has been widely applied in practice.In order to prevent the law from practice,the seventh clause stipulates the way of guarantee.How does the system of liability insurance of property preservation work?Simply speaking,firstly,property preservation applicant purchase liability insurance of preservation of property in the insurance company.Secondly,the insurance company shall issue a guaranty to the people's court for the preservation of the applicant.Lastly,the court decided whether to agree to preserve it.Compared with the traditional guarantee method,it has the incomparable advantages in solving problems,such as to solve the difficulties of property preservation applicants in providing property preservation guarantee,to reduce the applicant's litigation burden,and to protect the legitimate rights of the victim.However,many problems have been exposed in the operation of the system.Although the seventh clause have already stipulated this system,there are still some problems in practice.Because the seventh clause are not clear,the nature of the guarantee is different in practice and theory.The main points of view are property guarantee,guarantee and independent guarantee.Because the seventh clause doesn't stipulate the necessary matters of guarantee and there is no uniform standard about the necessary matters,lead to the guarantee function can not be realized.The issue of insurance company's right of recourse and the defense right of fraud exception have not yet been solved.These problems hinder the smooth operation of the system of liability insurance of property preservation.In order to make up for the deficiency of the traditional guarantee method,the system of liability insurance of property preservation can play to its greatest value,in view of the above problems,on the basis of the analysis and demonstration of the relevant theoretical views,starting from the balance of the interests of the parties,the guarantee book issued by the insurance company is identified as an independent guarantee,the nature of the guarantee book is unified,the necessary matters of the guarantee book are perfected,the insurance company is given the right of recourse under specific circumstances,and the defense right of fraud exception is perfected.