Study Re-insurance Contract, A Number Of Legal Issues

On the basis of reinsurance laws & regulations of China, and with reference to reinsurance law and prejudication of UK and USA, this dissertation studied some legal issues under the contract of reinsurance, mainly including: the meaning, functions and legal status of reinsurance; the characteristics and types of reinsurance contracts; the effectiveness and nature of reinsurance contract; the relationship between original insurance contract and reinsurance contract as well the principles applicable to reinsurance contract. The key attention was paid to the last three issues.The thesis consists of four chapters in all.Chapter I made an analysis about the characteristics, types of and principles applicable to reinsurance contract after the brief introduction of the meaning, functions and legal status of reinsurance. Then certain important issues in need of settlement were brought forward as follows: the effectiveness and nature of reinsurance contract; three insurance principles' application in reinsurance contract.Chapter II firstly discussed the effectiveness of reinsurance contract. Then this chapter concluded the reinsurance contract as a particular liability insurance contract. At last, through detailed analysis about the relationship between original insurance contract and reinsurance contract, this chapter arrived at the conclusion that the independence and affiliation existed in the aforesaid contracts. All of the above works provided a premise for the following research.Chapter III concentrated on two principles' application in reinsurance contract. As regard to the principle of insurable interest, three particular issues were discussed, which were the insurable interest of original insurer, the time when an insurable interest should be shown in reinsurance contract, and the insurable interest of the fronting company. Furthermore, two problems as the subrogation right of reinsurer and the original insured's direct claim against the reinsurer were studied in connection with the principle of indemnity.Chapter IV devoted itself into the principle of utmost good faith applicable to reinsurance contract. The research in this chapter was begun with two aspects: firstly, the original insurer's duty of disclosure at the stage of concluding a reinsurance contract; secondly, the reinsurer's duty of follow the original insurer's settlements at the moment of claim's settlement under the contract of reinsurance.Chapter V came to the conclusion of all of the above issues.This dissertation has a deeper and systematic research on some issues of reinsurance contract for the purpose of offering some help for legal workers and practitioners in reinsurance practice.