Dissertation > Excellent graduate degree dissertation topics show

Research on Warranty of Insurance Law

Author: YangYingYing
Tutor: FangLeHua
School: East China University of Political Science
Course: Economic Law
Keywords: Insurance Contract Law Warranty obligations Information asymmetry
CLC: D922.284
Type: Master's thesis
Year: 2008
Downloads: 123
Quote: 2
Read: Download Dissertation

Abstract

Divided into four parts, insurance contract law warranty obligations and our warranty obligations perfect, the use of legal analysis, comparative analysis and other methods, the basic content of the warranty obligations, generation and evolution, the theoretical basis and warranty obligations in China's Insurance Law in the status quo of the \The first part is a fundamental part of this article to discuss the content and classification of the warranty obligations. Warranty obligations for China's insurance law experts and industry are relatively unfamiliar system, the part of the first \discussion of the meaning of the warranty obligations defined. Different based on the content and format of the guarantee, warranty obligations can be divided into confirmed pledges and commitments that guarantee, express warranty and implied warranties, this classification is not only related to the construction of the warranty obligations, also is instructive practice. The second part of the warranty obligations and the analysis of the evolution of obtained information asymmetry is to ensure that the obligations of the theoretical basis for this conclusion. The warranty obligations marine insurance, and in the 18th century by Lord British Judge Mansfield in the case law to be established. Warranty obligations directly severe legal consequences of profound historical reasons, and limitations in its evolution also reflects the balance of asymmetric information situation. Information asymmetry is the theoretical basis of the warranty obligations, are closely associated with the warranty obligations. The third section discusses the theoretical and practical defects caused by weakening of China's warranty obligations. Article 20 of the Insurance Act and section 236 of Analysis shows that China is not without warranty obligations, but merely weakened, and this weakening allows the other to overcome the information asymmetry for the purpose of the system is difficult to become each other convergence, mutual cooperation system of this weakening of the theoretical defect for the warranty obligations. The warranty obligations weakening in practice brought one of the important issues is insurance fraud, and, depending on the confirmed pledges and commitments that guarantee, warranty obligations weakening of insurance fraud are not the same. The fourth part of the recommendations to improve our warranty obligations. Abolition of the first warranty obligations and the need to improve China's warranty obligations for discussion, indicating that China's insurance law should not only retain the warranty obligations and should improve attitude, and then combined with the Supreme People's Court in 2003, the second issued by the Supreme People's Court hearing on the insurance dispute cases a number of issues on the interpretation of the (draft) Article XII of the provisions of the warranty, the warranty obligations of identification and the legal consequences of breach of warranty obligations of the two key issues are analyzed, in order to improve China's Insurance Law the warranty obligations made some suggestions.

Research on Warranty of Insurance Law

Abstract

Related Dissertations