Direct Third Party Claim Rights In Aviation Liability Insurance

The direct third party claim right of aviation liability insurance is developed on the basis of aviation liability insurance,and it is a system that combines entities and procedures.There are very few studies on the direct claims of third parties in aviation liability insurance,and there are no cases in which third parties sue the insurer in judicial practice,and the system has been shelved since its formulation.Substantively,the system has the bankruptcy conditions stipulated in Article 168 of the Civil Aviation Law and the limitation of failure to request conditions stipulated in the second paragraph of Article 65 of the Insurance Law.The insurance money obtained also lacks the protection of the minimum insurance limit.In terms of procedure,the third party direct claim system of aviation liability insurance does not clarify the litigation status of the insurer and the insured as in the field of compulsory liability insurance for ships and motor vehicles.Compared with some countries that fully grant third party direct request rights,the development of the third party direct request rights system in China is not perfect.In order to ensure that the third party’s direct right of claim conforms to the development of the times and is applicable in practice,the Civil Aviation Law of our country has been put forward on the basis of considering the value of the system.If the restrictions on bankruptcy conditions are lifted,it must be based on different aircraft The minimum insurance limit is set for take-off weight.It is also necessary to make it clear that the aircraft operator and the insurer can be listed as co-defendants in the litigation and clarify the way in which the two are liable.In addition,it is also necessary to further clarify and improve the relevant legal provisions of the "Insurance Law" in order to improve the substantive and procedural shortcomings of the third party direct claim system of aviation liability insurance.