Guarantee Insurance Legal Issues

Bond insurance is a kind of insurance that isn't stipulated in insurance law, but in practice it develops very quickly. Not only in theory of legal character there are quite much different views, but also it initiated various disputes in judicial adjudication. To definite the legal meaning of bond insurance clearly has unified necessity theoretically, what is more important is to settle disputes in practice based on theoretically unified understanding. This paper discusses bond insurance from three aspects and from theoretical analysis and realistic countermeasure angles.Firstly, this paper start with the basic theory through comparing different points existed. On this foundation reach the understanding from my own point: bond insurance is a kind of insurance for its original meaning, but in practice, especially the business in the field of consumer credit have been away from its original meaning.The second part of this paper analysis a kind of typical bond insurance--the automobile bond insurance of consumer credit business .It is from the angles of business develop current situation and analysis of legal relation.The purpose of the 3rd of this paper lies in the suggestion based on the theoretical analysis. Now judicial practice in settling disputes related to bond insurance is not uniform. As continent law country, dealing with cases according to law is important, but insurance law have no corresponding terms. This paper is from legislative and judicial angle for bond insurance suggestion, hoping that can offer benefit reference to solve contradiction of bond insurance theory and practice.