| Fulfilling-agreement guarantee insurance means insurance company promises to the beneficiary that it will take on the obligation of compensation for loss if the insured hasn't fulfilled the obligations in the contract. The text discusses the character of the insurance and relevant legal questions in the case of consuming credit.There are two controversial theories in the field of the guarantee insurance, which are the character of the guarantee insurance and the independence of the contract of guarantee insurance. As for the former, the text contrasts it with guarantee and insurance in details, and points out the author's opinion. The author considers the guarantee insurance is a kind of guarantee the insurance company provides for people by the means of insurance. As for the latter, the author considers the contract of guarantee insurance is independent to the contract of consuming credit. It is because of the insurance target that the guarantee insurance contract is influenced by the contract of consuming credit. The insurance target of guarantee insurance, which comes from the contract of consuming credit, makes the guarantee insurance contract dependent more on the contract of consuming credit, and makes the relation of the two contracts more like principal and subordinate relationship. However, they have no other relations indeed.Basing these above opinions, the author carries out his own opinions hereinafter:1. The relationship of the two contracts of guarantee insurance and three parties' cooperative contract.The three parties' cooperative contract is an important contract signed by bank, insurance company, and motorcar agency. Because of the relativity of contract,insurance company's promises in the contract of the three parties can't substitute for them in the independent contract of guarantee insurance. Bank only has the right demanding insurance company fulfill its duty of contract but insurance comes from the three parties' contract.2. Distinguishing the right and obligation from the target of guarantee insurance.The author considers this distinguishing means little. As the target of a special insurance, the target of guarantee insurance is a kind of valuable rights and interests. For borrowers, it means an obligation to return, and for banks, it means a right demanding return. The two can't be separated.3. The insurance interest of the guarantee insurance.The destination of insurance interest is for definite the behavior of betting and moral danger. So it regulate the beneficial, and if the persons who building the insurance and who is benefited from the insurance are deference, the insurance interest is not dispensable for the former.4. The relationship of the guarantee insurance and the guarantee when they both happen at the same time.The author considers it is a question of the guarantee field. Whether the insurance company compensates or not has none business with the guarantee of the borrower or a third party, however, it is dependent on if the insurance accident happens, and if the insurance company has the duty to compensate.5. The applicable law of the guarantee insurance.According the author's opinions, the guarantee insurance is a kind of guarantee the insurance company provides for people by the means of insurance. So the applicable law should be the insurance law and the guarantee law in the aspect of the insurance contract as well.6. The subrogation demanding in guarantee insurance.The subrogation right in guarantee insurance doesn't have the same meaning inthe law of insurance..7. The transfer of the insurance target.Our insurance law prescribes that the transferring of the insurance target ought to be approved by the insurer in advance. The guarantee insurance target means right for the bank, that its transfer can't damage to the insurer, while it means obligation for the borrower, that its transfer will damage to the insurer. We shouldn't treat them coequally.Our legislation about guarantee insurance is insufficient, and we hope it will be better in the future. |
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