共命运条款问题研究
发布时间：2018-09-14 10:26
【摘要】：我国再保险行业在最近几十年发展迅速,一方面是因为国家的大力扶持,另一方面是因为我国加入世贸组织后,国外再保险公司进入我国再保险市场,使得再保险行业的市场竞争更加激烈。共命运条款是再保险的核心条款,但在再保险行业的发展过程中,该条款在实践运用中产生了许多问题,如诚信缺失、共命运条款的效力、通知义务、错误遗漏条款以及通融赔付等问题。为了解决这些问题,需要从几个方面来研究。首先要分析共命运条款的内涵和起源,其次要理清原保险合同与再保险合同之间的关系,以及共命运条款与其他条款之间的关系,表明共命运条款在再保险合同中的核心地位。通过列举英美国家在实务中对于共命运条款的设计和应用,结合我国在实务中关于共命运条款的应用,说明不同类型的共命运条款在适用过程中产生的问题。最后针对这些问题产生的原因结合国外判例以及我国的实践经验进行分析,进一步对共命运条款存在问题的对策进行研究。
[Abstract]:China's reinsurance industry has developed rapidly in recent decades, on the one hand because of the strong support of the state, and on the other hand because after China's accession to the WTO, foreign reinsurance companies entered the Chinese reinsurance market. Make the market competition of reinsurance industry more intense. The common destiny clause is the core clause of reinsurance, but in the process of the development of reinsurance industry, it has produced many problems in practice, such as the lack of good faith, the validity of the common destiny clause, and the obligation of notification. Error omission clause and accommodation payment and so on. In order to solve these problems, we need to study from several aspects. Firstly, it is necessary to analyze the connotation and origin of the common destiny clause, and secondly, to clarify the relationship between the original insurance contract and the reinsurance contract, as well as the relationship between the common destiny clause and other clauses, so as to show the core position of the common destiny clause in the reinsurance contract. By enumerating the design and application of common destiny clause in practice in Anglo-American countries and combining with the application of common destiny clause in practice in our country, the problems of different types of common destiny clause in the process of application are explained. Finally, the causes of these problems are analyzed in combination with the foreign cases and the practical experience of our country, and the countermeasures of the problems existing in the common destiny clause are further studied.
【学位授予单位】：烟台大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.284
[Abstract]:China's reinsurance industry has developed rapidly in recent decades, on the one hand because of the strong support of the state, and on the other hand because after China's accession to the WTO, foreign reinsurance companies entered the Chinese reinsurance market. Make the market competition of reinsurance industry more intense. The common destiny clause is the core clause of reinsurance, but in the process of the development of reinsurance industry, it has produced many problems in practice, such as the lack of good faith, the validity of the common destiny clause, and the obligation of notification. Error omission clause and accommodation payment and so on. In order to solve these problems, we need to study from several aspects. Firstly, it is necessary to analyze the connotation and origin of the common destiny clause, and secondly, to clarify the relationship between the original insurance contract and the reinsurance contract, as well as the relationship between the common destiny clause and other clauses, so as to show the core position of the common destiny clause in the reinsurance contract. By enumerating the design and application of common destiny clause in practice in Anglo-American countries and combining with the application of common destiny clause in practice in our country, the problems of different types of common destiny clause in the process of application are explained. Finally, the causes of these problems are analyzed in combination with the foreign cases and the practical experience of our country, and the countermeasures of the problems existing in the common destiny clause are further studied.
【学位授予单位】：烟台大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.284
【参考文献】
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