Research In The Consumption Credit Guarantee Insurance Contract

In recent years,with the rapid development of national economy and the changes in traditional consumption concept,consumption credit business offered by banks has increased dramatically,and insurance companies accordingly launched consumption credit guarantee insurance for expanding its scope of business,of which two typical examples are auto loan guarantee insurance and housing mortgage guarantee insurance.Due to the lack of China's legal system and practical experience,the development of consumption credit guarantee insurance business got into trouble.Although auto loan guarantee insurance business renewed to implement,plentiful theoretical and practical disputes still exist.Therefore,it is necessary to research legal problems about consumption credit guarantee insurance.The paper comprises six sections to study.The first section is a brief introduction and controversial point to the typical cases selected,The bone of contentions focus on guarantee insurance's nature,subrogation right and defense right in Guarantee law that insurers may have.The second section shows basal questions and development condition of consumption credit guarantee insurance.the insurance is just a type of guarantee insurance,it got strong progress since 1990 s,then nearly represents guarantee insurance.The system overcomes not only the disadvantages of traditional guaranteed mechanism but also intensifies degree and range for safeguarding creditor's rights,however,the legislation of consumption credit guarantee insurance is imperfect,Insurance Law increased a new alone insurance type,but lacking more specific rules.The three section is one of the key points,discussing the legal nexus of consumption credit guarantee insurance.Author comes up with new analytical method after researching the domestic and overseas theories about nature of consumption credit guarantee insurance.Author favors that consumption credit guarantee insurance belongs to insurance type because of the characters of transferring risk and gaining by luck.The four section studies the legal problems in substantive law.The part includes four issues: The first is the relations between consumption credit guarantee insurance contact's parties and loan contract's parties.The second is whether insurers have subrogation right or not.The third is applied sequence when consumption credit guarantee insurance and guarantee all exist.The fourth is how to protect the third party in consumption creditguarantee insurance contract.The author shows and analyses the controversial viewpoints by comparative method,and thinks that creditor should be the insured.Besides,beneficiary also exists in the property insurance contract,insurer is entitled to the subrogation right about policy holder and surety.When guarantee insurance and mortgage coexist,creditor must chose mortgage to gain recompense.when guarantee insurance and guarantee coexist,there is no priority.What's more,author considers that policy holder's right of rescission is supposed to be restricted in some extent,but the third party has no right to terminate the contract.The five section researches the legal problems in procedural law.The thesis considers that consumption credit guarantee insurance contact and loan contract shouldn't try together.The court has no power to add police-holder and insurer as the third party when trying consumption credit guarantee insurance contact or loan contract,the parties need to apply to participate in the suit.Otherwise,the location courts of insurance company and loan bank also have jurisdiction for consumption credit guarantee insurance case.The six section proposes general suggestions to perfect the system of consumption credit guarantee insurance.based on aforesaid analysis,author defines the concept of consumption credit guarantee insurance,and indicates that some rules in Insurance law aren't suitable for consumption credit guarantee insurance.The thesis attempts to construct the legal rules like subrogation right,defense right and rescission right with the analysis on legal problems and the particularity of consumption credit guarantee insurance.