The Study on the Third Party’s Direct Claim Right
|School||Southwest University of Political Science|
|Course||Civil and Commercial Law|
|Keywords||liability insurance direct claim right improvement of system|
This paper aims at analyze the defects of our system andput forward a sound proposal to promote the protection of theinterests of a third party through the theoretical study of athird party’s direct claim right in liability insurance.The basic idea of this article is: Firstly, analyze theconnotation, the basis, the specific perform and other issuesof a third party’s direct claim right in liability insurance;then, analyze the existing deficiencies in the system from twolevels, the legislative practice and judicial practice.Finally, put forward specific recommendations to improvethe system according to the already clear theory.In terms of content, the article is divided into five partsand has a total of approximately22,000words.The first part of the article is “the connotation of a thirdparty’s direct claim right in liability insurance". The third party’s direct claim right is a claim for damages in the fieldof mandatory liability insurance,and a claim for insurancepayment in the field of the arbitrary liability insurance. Thus,the right involves both tort law relationship and insurancecontract law relationship, and isn’t completely independentof the liability insurance contract.The second part is the “basis of the direct claim rightof liability insurance in liability insurance ". The arise ofthe direct claim right of liability insurance is due to, on onehand, the weakening of the relativity principle of contract inthe field of liability insurance; on the other hand, the needsto protect the interests of a third party by the liabilityinsurance system.The third part is “the exercise of a third party’s directclaim right in liability insurance". The third party’s directclaim right of different nature have different exerciseconditions. In the field of any liability insurance, the thirdparty could exercise its direct claim only when liability hasbeen determined and the insured person is indolent inexercising the insurance payment claims; but in the field of mandatory liability, the accomplished fact of damage is enough.In the exercise of the right, the third party can directlyrequest the insurer to pay the insurance, and to take reception.The insured and the insurer have the obligation to provide thenecessary assistance.The fourth part is "Empirical investigation of a thirdparty’s direct claim right in liability insurance system".Compared to other countries, there are mainly three aspects ofdeficiencies in China’s related legislation of third party’sdirect claims: First, there are no respectively provision onthe third party’s direct claim right of different nature;Second, it does not give the third party of traffic insurancethe right to request directly; Third, the regulations of thespecific issues of the right’s exercise are not detailedenough. the lack of such legislation also has a negative impacton the efficiency and uniformity of judicial practice.Part V is “the proposal of the improvement of china’sthird party direct request right system " The front parts ofthe analysis can be targeted to improve the existing of thethird party’s direct request right system. First of all, build a legal framework to respectively regulate third party directrequest right of both any liability insurance and mandatoryliability insurance; Second, focus on giving the third partyof the right of direct claim in traffic insurance; Finally, toincrease specific provisions of the right to exercise, such asthe assistance obligations of the related subjects,identifying ways of liability and so on.