On Legal Issues Of The Guaranty Insurance Contract Of Automobile Credit

As a new law system, The guaranty insurance contract of automobile credit means the Underwriter promise to the Insurant that it will assume obligation of compensation for loss if the Consumer borrower of Automobile hasn't fulfilled the obligation in the contract of automobile credit. The guaranty insurance contract of automobile credit is one of the Guarantee insurance law system. The practice of guaranty insurance appeared in the end of 20th century in China. And the guaranty insuance of automobile credit has a lot of issues in the practice. Tt is the lack of corresponding regulate in the statue law and low study in the basic theory that lead to this problem. The author thinks that to define the character of the guaranty insurance of automobile credit we must first analyze the legal relation of the guaranty insurance contract of automobile credit. In the case of this issues, the right of subrogation of the insuer often becomes the bone of contention among the Scholars. So, it is significant for defining the character of the right of subrogation of the insuer. And the author will finish his studies with above thoughts.In the first part, the authtr outlines the appearance, development and the classification of the guaranty insurance so as to make the basic law character of the guaranty insurance clear.In the second part, the author analyses the factors of the guaranty insurance contract of automobile credit. The elements of the guaranty insurance contract of automobile credit is one of the emphases of the paper. The elements of the guaranty insurance contract of automobile credit include the subject,object and contents of this contracts. These instuction may contribute to clean up the character in insurance system of the the guaranty insurance contract of automobile credit.In the third part, the author analyses the guaranty insurance contract of automobile credit in many aspects to prove that the contract is one kind of insurance contract. In academic circle, there are some standpoints which are insurance, guarantee and eclecticism about the character of the guaranty insurance contract of automobile credit. The author sets forth reasons from four aspects for the attributes in insurance of the guaranty insurance contract of automobile credit.Finally, This paper elaborates on the right of subrogation in the guaranty insurance in detail. The author thinks that it is helpful for us to see clearly the the attributes in insurance of the guaranty insurance contract of automobile credit.