Dissertation > Excellent graduate degree dissertation topics show

Research on the Direct Request Rights of the Third Party in Liability Insurance

Author: DengXiaoYan
Tutor: TangLieYing
School: Southwest University of Political Science
Course: Legal
Keywords: Liability Insurance Third person Direct claim Insurance Law
CLC: D922.284
Type: Master's thesis
Year: 2010
Downloads: 201
Quote: 1
Read: Download Dissertation

Abstract

How to strengthen the protection of third party liability insurance, liability insurance system has become an important topic in the development, establishing liability insurance for third party direct claim of the insured person, is a powerful means of protection of third party interests. Many countries by way of legislation conferred liability insurance for third party claims directly, but this right applies to the case and the exercise of national legislation is not entirely consistent. China on liability insurance for third party claims theoretical research is still in its infancy, China's legislative provisions for liability insurance for third party claims are far from perfect. In this paper, the principle of contract law and insurance law as a guide, explains the basic theory of liability insurance for third party claims, the effects of legislative practice liability insurance for third party claims, and the 2009 revision of the Insurance Law \Text, in addition to the introduction, is divided into four parts, of about 1.8 million words. The basic theory of the first part of the \Liability insurance refers to a liability for the insured to the third party should be the object of insurance. Direct claim of liability insurance for third party liability insurance in accordance with the law or the contract request the insurer direct payment of insurance compensation rights. On the nature of the liability insurance for third party claims, the academic community has a variety of insights, greater impact on the \. The doctrine is different, there are merits, but are not accurate, comprehensive explanation of the legal basis of liability insurance for third party claims. The author believes that the legal foundation to seek third party claims should be based on the different types of liability insurance. Attached defenses third party claims, it should be said rights transferred its legal basis; for not attached defenses third directly claim that its legal basis should be statutory rights. The second part of \Sure liability insurance for third party direct claim has become the development trend of the relevant legislation can be found through the study of common law and civil law legislation. \Traffic accident damages areas of the provisions of our legislation direct claim against the third party is still unclear, but the judicial practice of the great breakthroughs the Court judicial practice in China tend to allow traffic accident victims directly to the insurer of liability claims. Revised in 2009, \priority aspects.

Research on the Direct Request Rights of the Third Party in Liability Insurance

Abstract

Related Dissertations