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Credit Insurance System

Posted on:2005-02-21Degree:DoctorType:Dissertation
Country:ChinaCandidate:M X ZhaoFull Text:PDF
GTID:1116360125451780Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
This dissertation is composed of 10 chapters. And according to their innate relation, all these are divided into 3 parts, which separately are the studying on basic theory of credit insurance, credit insurance contract and construction of legal system about credit insurance.Part I includes: Chapter 1, Definition and Nature of Credit Insurance; Chapter 2, Cause of Formation and Value of Institution of Credit Insurance; Chapter 3 , Historical Evolution and Developing Trend of Credit Insurance. And, since all these chapters are related to basic theoretical issues, this part may be regarded as "Basic Theoretical Research on Credit Insurance".In order to make clear the vague recognition on domestic relative research, section 1 of chapter 1 makes some analysis and discrimination on the definition on the definition of credit Insurance. And for purpose of a scientific and reasonable definition, the author insists that the issues, such as the characteristics, the insured, object and function of credit Insurance, be made clear. To summarize all the four aspects mentioned above, the credit insurance, which views the credit interests of the insured creditors as the object, is a kind of insurance of which contractual relation is established between the insured, who sill pay the premium, and the insurer that will bear credit risk and offer credit management service as the corresponding obligation. Section 2 argues that the essence of credit insurance is "independent property insurance" and tots on to give out the reasons: 1, credit insurance is distinct from health insurance in the way that property benefic is viewed as the contractual object; 2, it is the non-material quality of credit interests that make credit insurance differ from traditional property insurance; 3, against the doctrine that credit insurance is one of the many types of guaranty insurance, the article persists in that they each are quite different and credit insurance doesn'tattach itself to any of other types of insurance for the reason that they both remain so many differences such as in the aspects of subject, nature, function and way of administration and operation.In chapter 2, the author discusses the cause of formation and the institutional value about credit insurance. Since the function and value of credit insurance is mainly to indemnity credit interests and fend against credit risk, this dissertation chooses credit and credit interests as the starting point of research. Section 1 is "Brief Account on Credit" which gives a summarized explanation on "credit" and constructs a foundation for further research on credit interests and credit risk. Also in this section, the author primarily summarizes the intension of credit in commercialized society, which is a kind of social relation. Secondly, the article discusses the relation between credit and marker economy which aims to show the tremendous significance of credit in modern society and its vast value. Section 2 of this chapter explicates the question of how credit is embodied as interests of the subject from the angle of the commercialization of credit. On the one hand, credit is a kind of valuable resource that can be disposed and gradually has developed into a kind of good or property. The commercialized credit has the relative belongings as all the other commodities and enters into the market. On the other hand, commercial credit is part of the subject interests and has the essential characteristics of interests, and the reason for this lies in that credit could meet lots of demands of the subject in the field of economy and spirits, etc. Section 3 of this chapter argues about the opposite aspect of credit interests: credit risk. This section first introduces the concept and characteristics of risk, and then turns to credit risk. The so called "credit risk" in this section refers to "broad-sensed credit risk", and the "broad-sensed credit risk" may be caused by the debtor who hasn't performed or not totally performed his duty and thus endanger the credit interests of the creditor. And once...
Keywords/Search Tags:Insurance
PDF Full Text Request
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