汽车消费贷款保证保险法律问题分析-analysis on legal issues of automobile consumption loan guarantee insurance.docxVIP

AbstractThe guarantee insurance for automobile consumer finance is a kind of commercial insurance relationship which involves three parties: the debtor (automobile consumer), the creditor and the insurer. Under the insurance contract, the insurer would be bound to compensate the damage the creditor suffers when the debtor fails to perform the credit contract between him and the creditor.In regard with the nature of the automobile consumer finance guarantee insurance, this dissertation insists that as one of the mechanisms for dispensation of risk, the guarantee insurance is different from mere guarantee and is a kind of insurance in its nature . Moreover, the same conclusion can be drawn after a rational inspection of the value and the function of insurance from the legal and economic aspects.Then, this dissertation analyzes some practical issues arising from the real operation of guarantee insurance for automobile consumer finance, which include the relationship of the parties of insurance contract, the corresponding rights and obligations, the liability of insurer, the immunity clause, the arrangement for compensation, the reimbursement and so on. During the course of analyses for every issue, the author tries her every effort to expound how it should be, not it is. Thus, some constructive suggestions are put forward on this ground.This dissertation is divided into three parts.Part One gives a global view of the guarantee insurance for automobileconsumerfinance.Inthispart,thedefinition,the characteristics and the historic evolution of the guarantee insurance for automobile consumer finance and guarantee insurance itself are described; its development and relative deficiencies in China are elaborated; the reasons for the main operational problems are coursed.Part Two are studies on the fundamental theories of the guarantee insurance for automobile consumer finance. First, the author probes into the nature of the guarantee insurance for automobile consumer