Research On Insurance Guarantee Clause

Insurance Act to ensure that the system is in the common law system, theestablishment of an insurance contract and its entry into force, the development of theinsurance industry has a very important role. Cradle is to ensure the development ofmarine insurance law, and later through the constant practice and judicial guaranteesapplicable to eventually formed the formation of a guarantee system. Due to ensure stronginstitutional role with the development of the insurance industry, to ensure that the systemhas expanded from marine insurance to non-marine insurance, up to now to ensure thatthe system is still in the whole insurance industry plays an important roleAlthough the common law countries have developed a comprehensive assurancesystem, but our laws in this regard also left a lot of gaps. China’s " Insurance Law" norelation to the guarantee, the " Maritime " But there is only a slight mention.This can be abig flaw in our legal system.Overseas assurance systems through research, analysis and the feasibility of theimportance of our country to ensure that the introduction of the system to ensure thesystem is the main purpose of this article. Based on this, this paper introduces the meaningof guaranteed characteristics, the basic content of the provisions of national(regional) laws andlegislation to ensure that the country ’s current situation, and made a perfect guaranteesystem of legislative proposals. This paper is divided into four sections are discussed:The first part focuses on the overview guaranteed. The main contents includeassurance concepts and features to ensure that the origin of the theoretical basis as well asto ensure the basic content from the preliminary understanding of the basic concepts of theguarantee system.The second part focuses on the provision of assurance systems abroad. This sectiondescribes the different provisions were common law and civil law countries (regions)to ensure theunderstanding of the system to ensure that the legislative history of the situation in eachcountry and development.The third part focuses on the legislative situation in our country(region) in the Marine Insurance Act and the defects of insurance guarantee system. This part of the analysis ofthe "Insurance Law " and " Maritime Law " and other laws of the provisions to ensure thatthe system introduced legislation to ensure that the status quo of China’s marine insurance,and guarantee the system analyzes the causes of defects in our country.The fourth part focuses on the current situation in the insurance legislation to ensurethat the non-marine insurance in our country. This section analyzes the necessity toimprove the system in the form of guarantee cases, and presented a detailed legislativeproposals.