Study On Legal Adjudication Of Personal Consumption Loan Bond Insurance Contract

A personal consumption loan bond insurance contract is the non-typical contract governed by autonomy of the parties'will. This paper, beginning with discussing the declaration of will of the parties and interests distribution, analyzes the bundle of obligations under contract and various fulfillment and remedies of various performance obligation and then nail down the typical classification factors of obligation performance. This thesis also, based on the force and structure of factors of obligation performance, reviews the specific laws and regulations that should apply and value assessment and then solves the issue of judgment of the contract under the law and that of realization of personal consumption loan insurance relation by the law.The first chapter of this paper, after analyzing the issues arising from practice of personal consumption guaranty insurance contract, hold that the problems exists primarily due to the lack of credit system, the inefficiency of agreement mechanism and negligence of legislature and enforcement of law and that addressing these issues lies on restructuring of adjudication and realization of the value of law through applying the law to the fact of a case.The second chapter probes into what is wrong with the legal adjudication and maintains that the confusion of judgment is primarily due to the difficulty of ascertaining the intention of the parties of personal consumption guaranty insurance contract, the classification thereof and the law that should apply. it also puts forward that the addressing route rests with classifying the nature of the contract by ascertaining the intention of the parties and therefore solve the issue of application of law.The third chapter is the focus of this paper. This thesis, by employing the method of contract construction and supplementation, discusses the declaration of intent and interest intent under the personal consumption guaranty insurance contract and analyzes the bundle of obligations and transaction ethnics under the contract. The chapter focusing on the obligation for the insurant to provide the authentic and valid credit proving documents, that for the bank to review and verify the credit of debtor, that for bank to control the risk of credit rights and to inform when risks occur, the establishment and existence of the guaranty contract for the bank's credit rights, the obligation for the insurant to provide reverse-guaranty, for the insurant to pay the premiums, that for the insurance guarantor to guarantee the performance of the contract, that for the bank to assign the right to claim compensation and the nature, performance, remedy of aforementioned rights and obligations and the influence on the validity of the contract.The fourth chapter analyzes the bundle of performance obligations under personal consumption bond insurance contract, makes sure the nature of contract by comparing the function and the obligation distribution mode of guaranty and insurance and then fixed on the laws and regulations and value assessment that should apply.The chapter of conclusion summarizes the adjudication of personal consumption bond insurance contract and put forward some suggestion as to the development of personal consumption guaranty contracts in China.