论抵押权人利益保险
发布时间：2019-02-08 20:57
【摘要】： 抵押权人利益保险在我国还是一个相对陌生的险种,而在西方发达国家该保险已经有了一定程度的发展并趋于成熟,本文主要参照国外抵押权人利益保险的有关理论、国内外有关学说以及中国《保险法》、《海商法》、《担保法》等有关法律法规,试图对该险种作一全面的法律分析,并试图为保险公司在不久的将来订立抵押权人利益保险合同条款提供一些建议。 本文共分四章。第一章主要介绍了抵押权人利益保险的概念、特征与法律性质,笔者采用与一般的财产保险进行对比分析的方法,着重突出了抵押权人利益保险的不同之处;第二章主要介绍了在中国引进抵押权人利益保险的必要性与可行性;第三章主要通过对各学说的对比分析研究了抵押权人利益保险合同当事人的权利义务,包括抵押权人的如实告知义务与及时通知义务,抵押权人的索赔权利,保险人承保风险的范围,保险人的代位求偿权;第四章是本文的点睛之笔,主要是为保险公司引进抵押权人利益保险设立保险条款提出几点建议。
[Abstract]:The interest insurance of mortgagee is relatively unfamiliar in our country, but it has developed to a certain extent in western developed countries. This paper mainly refers to the relevant theories of interest insurance of mortgagee in foreign countries. The relevant theories at home and abroad, as well as the relevant laws and regulations of China's "Insurance Law", "Maritime Law", "guaranty Law", and so on, attempt to make a comprehensive legal analysis of this kind of insurance. It also tries to provide some suggestions for insurance companies to conclude mortgagee interest insurance contract in the near future. This paper is divided into four chapters. The first chapter mainly introduces the concept, characteristics and legal nature of mortgagee interest insurance. The second chapter mainly introduces the necessity and feasibility of introducing mortgagee interest insurance in China. The third chapter mainly studies the rights and obligations of the mortgagee's interest insurance contract parties, including the mortgagee's truthful informing obligation and timely notification obligation, and the mortgagee's claim right. The scope of insurer's underwriting risk and the insurer's subrogation right; The fourth chapter is the finishing touch of this paper, mainly for the introduction of mortgagee interest insurance clauses put forward several suggestions.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D922.284
本文编号：2418786
[Abstract]:The interest insurance of mortgagee is relatively unfamiliar in our country, but it has developed to a certain extent in western developed countries. This paper mainly refers to the relevant theories of interest insurance of mortgagee in foreign countries. The relevant theories at home and abroad, as well as the relevant laws and regulations of China's "Insurance Law", "Maritime Law", "guaranty Law", and so on, attempt to make a comprehensive legal analysis of this kind of insurance. It also tries to provide some suggestions for insurance companies to conclude mortgagee interest insurance contract in the near future. This paper is divided into four chapters. The first chapter mainly introduces the concept, characteristics and legal nature of mortgagee interest insurance. The second chapter mainly introduces the necessity and feasibility of introducing mortgagee interest insurance in China. The third chapter mainly studies the rights and obligations of the mortgagee's interest insurance contract parties, including the mortgagee's truthful informing obligation and timely notification obligation, and the mortgagee's claim right. The scope of insurer's underwriting risk and the insurer's subrogation right; The fourth chapter is the finishing touch of this paper, mainly for the introduction of mortgagee interest insurance clauses put forward several suggestions.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D922.284
【引证文献】
相关硕士学位论文 前1条
1 马国慧;船舶抵押权人利益保险条款研究[D];上海交通大学;2011年
，本文编号：2418786
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