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On Contract of Attorney’s Liability Insurance in China

Author: ZhouLiYu
Tutor: XiaoHeBao
School: Hunan University
Course: Legal
Keywords: The attorney liability insurance contract Insurance coverage Exclusions
CLC: D922.284
Type: Master's thesis
Year: 2009
Downloads: 133
Quote: 0
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Abstract


Lawyers liability insurance is a professional liability insurance aimed at dispersing lawyers practicing risk. The design of the terms of the insurance contract will be directly related to the lawyer's practice whether the risk can be reduced effectively is perfect. Of lawyer liability insurance contract terms of design, there are still many deficiencies, it is necessary to further study and improvement. Lawyer liability insurance contract, in addition to with the characteristics of the general insurance contract, and also has its own characteristics. Lawyer liability insurance contract should be a voluntary, rather than mandatory insurance contracts. Domestic stipend Bar Association to insurance lawyer liability insurance, in essence, is a disguised form of mandatory law firms and lawyers and insurance companies entered into a lawyer liability insurance contract, which is contrary to its voluntary, in practice, has also had a many problems. To find a balance to reduce lawyers practicing risk, safeguarding the legitimate interests of the parties, and respect for law liability insurance contract among voluntary, the implementation of a voluntary insurance, compulsory insurance, supplemented by the way should be a relatively good choice. Our lawyer liability insurance contract insured There are three insured way, that policyholders were lawyers or law firms, bar associations, law firms and lawyers. The first and second are present on the theoretical and practical problems. Is the second case is the mainstream, but the Bar Association as the insured is in line with the principle of insurable interest on the insurance law, also debatable. Therefore, the third way should be the choice of lawyer liability insurance policyholders way. Lawyer liability insurance contract in China in the first terms of the contractual obligations, only the insured and the insurer's obligation to inform requirements. In fulfillment of the obligation to inform the insurer fails to provide a scientific operability good way to ensure that the policyholders and the insured can fulfill the obligation. China can learn from other countries in the inquiry form system to improve this deficiency. Insurance coverage and exclusion is the most central provisions of lawyer liability insurance contract. China's current lawyer liability insurance contract of insurance is a relatively narrow range, and therefore can not meet the needs of the development of the legal profession. Comparative Analysis of Chinese and foreign lawyers liability insurance contract on the basis of the terms and conditions of the insurance liability and exclusion, combined with China's specific national conditions, appropriate to expand insurance coverage is necessary, but also feasible. Of lawyer liability insurance contract law firm trainee solicitors and other staff, and the spirit of the parties damages into the coverage should be considered.

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CLC: > Political, legal > Legal > Chinese law > Financial Law > Insurance Law
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