A Study On The Effect Of Automobile Commercial Insurance Proportion Compensation Clause

The automobile commercial insurance proportion compensation clause refers to the clause that has the "proportion" element in the automobile commercial insurance,there are two interrelated variables,and constitute a continuous calculation system to determine the compensation amount according to the actual proportion.It includes the compensation clauses for the proportion of under insurance,the compensation clauses for the proportion of disability in the insurance accident,the compensation clauses for the proportion of liability in the traffic accident,the exemption ratio clauses,the depreciation ratio clauses,etc.According to its nature,it can be divided into two categories: exemption clause and technical clause,which should be strictly distinguished.The exemption clause includes the clause of "exemption of the insurer’s liability" stipulated in Article 17 of the insurance law and the statutory exemption clause stipulated in Article 19 of the insurance law.Technical clauses refer to the clauses used to determine the amount of loss and divide the insurance liability in the insurance contract.The proportional compensation clauses of different nature have different effects.The technical clauses that divide the insurance liability shall be recognized as valid;the clauses that are exempt from liability shall be recognized as valid or invalid according to Article 17 or 19 of the insurance law.For example,in the motor vehicle commercial liability insurance,the traffic accident liability proportion compensation clause is taken as an example.Its theoretical basis is the principle of self responsibility in the tort liability law and the principle of insurable interest in the insurance law.It is a reasonable division of the insurance liability that the insurer should bear.It belongs to a technical clause and should be recognized as effective.For other proportional compensation clauses,we should also start from the clauses themselves,examine their theoretical basis,and then determine their nature and effectiveness.The first chapter is a comprehensive study from the overall point of view.The following four chapters analyze the theoretical basis,nature and effectiveness of each clause.