Study Of Credit Insurance Contract

Credit insurance is the result of market economy, as market economy is risk economy, behavioral subject would become much stronger if it removed all kinds of risks or limited them to the smallest rage. What's more, the effort of credit insurance realizes by credit insurance contract. Because market of credit has developed so fast in the world, international credit insurance system in theory and legislation is perfect, which has an active role in promoting trade. However, in our country credit insurance system is in underway strings, especially in credit insurance contract, and discussion of basic theory isn't systemic and law is rough. So, this article attempts to carry out an exploration on credit insurance contract in order to arouse the recognition of academic realm.This paper is divided into five parts, which separately are the studying on basic theory of credit insurance contract; the legal relation of credit insurance contract; the establishment and validation of credit insurance contract; the performance, variation and dissolution of credit insurance contract; the legislaive proposal of perfecting system of credit insurance contract in China.The first part discusses basic theory of credit insurance contract-the brief account and classification of credit insurance contract, so that classifies the questions in the study in our country. Firstly, this part introduces definition of credit insurance. Secondly, this part discusses character and principle of credit insurance contract. Last this part comments classification of credit insurance, as we always has blurry recognition about it, the author sums up various basic classifications in order to make it perfect.The second part is about legal relation of credit insurance contract. This part discusses subject, object and content of credit insurance contract and it makes them much more systemic on the subject. On the subject, the author summarizes limitation of insurer in credit insurance contract and compares the applicant for insurance between credit insurance contract and other property insurance contracts. On the object, it discusses insurable nature of credit interests, and on the content, it studies by the numbers particular content of credit insurance contract in a creative way.The third part explicates the establishment and validation of credit insurance contract. Because this is the starting point for practice, we research it as individual part. This part mostly introduces the particularity of insurance contract about establishment in order that we can understand procedure of establishment deeply. About the validation, this part not only compares establishment with validation but also analyses in the deep the validation to the parties.The fourth part comments the performance, validation and dissolution of credit insurance contract. This part first introduces issue on practical performance after the credit risk accident occurred to make it understandable. Then this part analyzes the variation from generic prescription in civil law. However, whether it is the same with credit insurance contract or not the analogies has not formed verdict, and expect to be researched jointly. Last the author carries out accounting briefly on the reasons of dissolution of credit insurance contract, and make it different from the termination of credit insurance contract.The fifth part discusses the legislative proposal of perfecting the system of credit insurance contract in China. By studying development of legislation of credit insurance contract in the developed country, the author proposes some suggestion about credit insurance contract in our country.In short, the purpose of this paper is perfecting the theory system and completing relative legislation of credit insurance contract.