The Nature Of Personal Loan Guarantee Insurance Contract And Its Legal Application

Guarantee insurance,as a property insurance explicitly listed in China’s insurance law,is defined as the relevant provisions of the insurance law applicable to insurance.However,at the beginning of the development of the guarantee insurance business in China,the characteristics of breaking through the basic principles of insurance law make the guarantee insurance,which is one of the insurance types,more inclined to the direction of guarantee contract.This attribute state between guarantee and insurance pushes the dispute over the nature of guarantee insurance business to a climax.When the development mode of business first and law lags behind appears in the guarantee insurance industry in China,it determines the legal research value of a new financial derivative product with dual attributes of insurance and guarantee.Among which personal loan guarantee insurance shows its edge earlier than other guarantee insurance because of the complex relationship of rights and obligations involved,low state support,low government regulation and high risk,and personal loan guarantee insurance disputes in the judicial field are gradually highlighted.Analyzing the causes behind it,defining the attributes of contracts,and finding the legal application of dispute resolution are the focus of guarantee insurance research in the future.On the basis of this,focusing on the nature of guarantee insurance contracts,clarify the responsibilities of various parties throughout the entire process of insurance contracts,study the basis for setting guarantee insurance rates,accurately reflect the development model of China’s guarantee insurance business,concentrate all efforts to reduce the risks of guarantee insurance contracts in a targeted manner,and thus form a healthy development business model that reduces risks and rates,and ensures the interests of both the insurer and the policyholder.Finally,it is urgent to study whether guarantee insurance is applicable to the relevant provisions of the Civil Code,the overall prospects of the development of the bank insurance joint model,and the problems emerging in new fields such as the Internet.