Car Loan Guarantee Insurance Contract Research

The auto loan guarantee insurance passes through the rise and fall in our country, its risk and the law disputed more and more arouses peoples interest.After experiences period of time the service closes down, some insurance companys start to attempt this service again. The opportunity, The article research to the insurance contract various questions, has in order to the management is of help.This article utilizes the historical analysis, the comparative analysis, the structure analysis, the real diagnosis analysis method, to the auto loan guarantee safe elementary theory question, the main legal relationship and the significant practice question has carried on the analysis, proposed the auto loan guarantee safe consummates the suggestion.The full text main body content altogether is divided four chapters.First chapter,I elaborated the auto loan guarantee safe basic question. To analyzed the bonds origin, the concept, the nature, the legal status and the contract value, estipical the law nature of bonds.The article pointed out the guarantee insurance and guarantees are the debt risk shift ways, but the tradition guarantee did not have the risk collection and the specialized management characteristic, but the guarantee insurance had, so it belonged to the insurance, not the traditional guarantee method, Is one kind of new insurance business which appears along with needs of the credit economy and the large-scale debt risk safeguard, it take the insurance company abundant economic potentiality and the specialized risk management as the background, causes the tradition guarantee goes out the acquaintance society the narrow and small space, met the modern large-scale credit economy need. The auto loan guarantee insurance contract take the auto loan contract as a foundation, but has the independent liability, does not belong to the loan contract, has the independent legal status.The second chapter embark from the auto loan guarantee insurance contract complex legal relationship, divides its legal relationship into four stratification planes: The foundation relations, the insured and insurer's main body relations, the attached relations, the cooperation almong insurance company and bank. The complex legal relationship has carried on the comprehensive analysis to the auto loan guarantee insurance contract in, and through to the foundation relations in the benefit connection and the risk conduction analysis, to guaranteed the insurance contract the responsibility characteristic has carried on the thorough analysis, further has verified the guarantee insurance contract safe attribute, And through to the contract main body relations research, has promulgated the insurance company the partial questions which exists in the guarantee insurance contract structural design.The third chapter main analysis auto loan guarantee insurance contract practice question, To eight key questions:credit examination, Subrogation recovery, the compensation order, Truthfully inform, the differential responsibility, the contract main body lawsuit status,the dispute type and the guarantee insurance cheat type, have conducted the thorough research, To guaranteed in particular the insurance dispute and forded the cheat to conduct the typological research for the first time, to guaranteed the safe differential responsibility and subrogation recovery to put forward the moderate revision proposal.The fourth chapter are consummate the suggestion to the auto loan guarantee insurance contract. Bases in the preamble analysis, to auto loan guarantee insurance contract further consummation, From the insurance company contract main body and the signing way design, the guarantee insurance contract concrete responsibility and the content revision, the legislature to guaranteed the insurance nature and the law suitable are clear about, the social system control and so on the aspects to the credit mechanism and the cheat risk tube, Proposed the quite concrete opinion and the suggestion, hope to the auto loan guarantee insurance development is of help.