Insurance Law in China

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Bibliographische Detailangaben
1. Verfasser:	Zheng, Rui (VerfasserIn)
Format:	Elektronisch E-Book
Sprache:	English
Veröffentlicht:	Alphen aan den Rijn Wolters Kluwer Law International 2021
Ausgabe:	1st ed
Schlagworte:	Electronic books
Online-Zugang:	HWR01
Tags:	Tag hinzufügen Keine Tags, Fügen Sie den ersten Tag hinzu!

Inhaltsangabe:

Intro
Title Page
Copyright Page
The Authors
Table of Contents
List of Abbreviations
Preface
General Introduction
Chapter 1. General Background Information
1. Geography and Demography
2. Climate and Natural Hazards
3. Population
4. Aging and Health
5. Urbanization
Chapter 2. Political System
1. Government
2. Administrative Divisions
Chapter 3. Economy
1. General Information
2. Insurance Industry
Chapter 4. Sources of IL
1. Development of Insurance Legislation
2. National Laws
3. Administrative Regulations
4. Departmental Rules
5. Judicial Interpretations
Chapter 5. Dispute Resolution
1. Jurisdiction and Choice of Law
2. Litigation
3. Arbitration
4. Mediation
Chapter 6. Consumer Protection
Part I. Insurance Company
Chapter 1. Insurance Companies: Their Forms
1. Commercial Insurance Company
2. Mutual Insurance Organization
I. Introduction
II. Members
3. Public-Policy-Oriented Insurance Company
4. Captive Insurance Company
Chapter 2. Access to Business-Authorization: Requirements and Procedures
1. Basic Requirements of Establishment
2. Application for Establishment
3. Preparation and Commencement of Business Operations
4. Alteration, Dissolution and Cancelation
I. Alteration
II. Dissolution and Cancelation
Chapter 3. Operation and Supervision
1. Operation Rules
I. Scope of Business
II. Rules of Conduct for the Insurance Companies and Their Staffs
III. Rectification and Takeover of the Insurance Companies
2. Solvency Control
3. Supervision of Tariffs and Insurance Conditions
Chapter 4. Liability Reserves and Investments
1. Liability Reserves
2. Investment of Insurance Funds
Chapter 5. Accountancy
Chapter 6. Taxation
1. Business Tax
2. Valued-Added Tax
Part II. Insurance Contract (General)
Chapter 1. Generalities
1. Concept
2. Categories
I. Valued &amp
Unvalued Insurance Contract
II. Full-Insurance, Under-Insurance &amp
Overinsurance Contract
III. Property Insurance &amp
Personal Insurance Contract
IV. Indemnity Insurance &amp
Contingency Insurance Contract
V. Original Insurance &amp
Reinsurance Contract
VI. Non-compulsory Insurance &amp
Compulsory Insurance Contract
3. Characteristics
I. Contract on Morality
II. Contract of Mutual Obligation
III. Contract of Indemnity
IV. Contract upon Speculation
V. Contract of Adhesion
VI. Contract of Continuity
4. Basic Principles of Insurance Contract Law
I. Principle of Good Faith
A. Definition
B. Reasons for the Existence of the Principle of Good Faith
1. Asymmetric Information of the Parties to the Insurance Contract
2. The Basis on Which the Insurance Contract Depends
3. Differences in the Status of the Parties to the Insurance Contract
4. The Parties to the Insurance Contract Are Not Equal in the Level of Payment
5. The Essential Requirement for Risk Management
6. The Need to Reduce the Cost of Risk Management
7. Protecting the Interests of the Applicant
8. The Need to Interpret the Law Correctly
C. The Parities under the Principle of Good Faith
D. Basic Obligation of the Parties to the Contract under the Principle of Good Faith
II. Principle of the Insurable Interest
A. Definition of the Insurable Interest
B. Characteristics of Insurable Interests
C. Duration of Insurable Interests
III. Principle of Indemnity
A. Definition
B. No Less Indemnity
C. No More Indemnity
D. No Twice Indemnity
E. Scope of the Principle of Indemnity
IV. Principle of Proximate Cause
A. Definition
B. Identification Criteria of the Proximate Cause
C. Identification Method of the Proximate Cause
5. Parties
I. Parties to an Insurance Contract
A. Insurer
B. Applicant
1. The Applicant Shall Have the Corresponding Capacity for Civil Conduct
2. The Applicant Shall Have an Insurable Interest in the Insured in the Life Insurance Contract
II. Parties Concerned with an Insurance Contract
A. Insured
B. Beneficiary
6. Interpretation
I. Literary Interpretation
II. Overall Explanation
III. Purposeful Interpretation
IV. Supplementary Interpretation
V. Principle of Unfavorable Interpretation
Chapter 2. Insurable Risk
1. Definition of the Risk
2. Features of the Risk
I. Contingency
II. Objectivity
III. Futurity
IV. Commonality
3. Classification of the Risk
4. Relationship Between Insurance and Risk
Chapter 3. Formation of the Insurance Contract
1. Precontractual Phase
I. Precontractual Duty of the Applicant and Insured: Duty of Disclosure
A. Definition of the Duty of Disclosure
B. Nature of the Duty of Disclosure
C. Parties of the Duty of Disclosure
D. Time of Disclosure
1. When the Insurance Contract Is Concluded
2. After the Insurance Contract Is Concluded
3. When the Insurance Contract Is Changed
E. Methods of Disclosure
F. Scope of Duty of Disclosure
1. Matters to Be Disclosed
2. Matters Exempt from Disclosure
G. Insurer's Waiver and the Loss of Right to Terminate
H. The Relationship Between Termination of Contract and Refusal of Paying Indemnities or Insurance Benefits
II. Precontractual Duty of the Insurer: Obligation to Explain
A. Definition and Basis of the Obligation to Explain
B. Nature of the Obligation to Explain
C. Contents of the Explanation
D. Time and Method of the Explanation
2. Actual Formation of the Contract
I. Application
A. The Applicant Has the Capacity to Conclude the Contract
B. The Applicant's Expression of an Intent to Enter into a Contract Is True
C. The Requirement of Insurable Interest in Personal Insurance
II. Underwriting
3. Validity Requirements
I. General Validity Requirements
A. The Parties Have the Capacity to Enter into an Insurance Contract
B. The Expression of the Intent Is True
C. No Violation of the Compulsory Provisions of Laws and Damage of the Public Interests
II. Special Validity Requirements
4. Proof of the Contract
I. Application Form
II. Binding Slip
III. Insurance Policy
IV. Insurance Certificate
V. Other Forms
Chapter 4. Obligations of the Applicant and Insured
1. Obligation to Pay the Premium
2. Obligation to Truthfully Disclose
3. Obligation Not to Commit Insurance Fraud
4. Obligation to Maintain the Safety of Subject Matter of Insurance
5. Obligation to Notify the Insurer When the Degree of Risk to the Subject Matter of Insurance Increases Substantially
6. Obligation to Notify When the Insured Event Occurs
7. Obligation to Provide Proofs and Information as to the Insured Event
8. Obligation to Notify the Insurer in the Situation of Double Insurance
9. Obligation to Mitigate
Chapter 5. Obligations of the Insurer
1. Obligation to Issue the Insurance Documents in a Timely Manner
2. Obligation to Indemnify or Pay Insurance Benefits on the Occurrence of Insured Event
I. Scope of the Obligation
A. Property Insurance
B. Life Insurance
II. Performance of the Obligation
III. Legal Consequences for the Failure of Performance
3. Obligation to Explain
4. Obligation to Keep Confidentiality
Chapter 6. Insurance Subrogation Right
1. Definition and Function of Insurance Subrogation
I. Definition
II. Functions
2. Exercise of Insurance Subrogation Right
I. Conditions Precedent to the Exercise of Insurance Subrogation Right
II. Limits of the Exercise of Insurance Subrogation Right
A. Time Limit
B. Agreed Limit
C. Statutory Limit
III. Procedure
3. Insured's Obligation Regarding Subrogation
I. Insured's Obligation to Assist
II. Insured's Obligation Not to Prejudice the Subrogation Rights
Chapter 7. Insurance and Third Parties
1. Beneficiary
2. Third Parties' Direct Action Against the Insurer
Chapter 8. Termination of the Insurance Contract
1. Agreed Termination
2. Statutory Termination
I. Insurance Applicant's Statutory Right to Terminate
II. Insurer's Statutory Right to Terminate
3. Time and Manner of the Termination of the Insurance Contract
I. Time of Termination of the Insurance Contract
II. Manner of the Termination of the Insurance Contract
4. Legal Consequences for Termination
Part III. Basic Property Insurance
Chapter 1. Motor Vehicle Insurance
1. Commercial Motor Vehicle Insurance
I. Vehicle Damage Insurance
A. Scope of Coverage
B. Exclusions
1. The Incidents Not Covered by the Vehicle
2. The Cause Excluded
3. The Loss and Expense Excluded
C. Insured Amount
D. Deductibles
E. Premium
F. Insurance Compensation
II. Third-Party Liability Insurance
A. Scope of Coverage
B. The Definition of "Third Party"
C. Exclusions
1. The Incidents Not Covered
2. The Cause Excluded
3. The Loss and Expense Excluded
D. Limit of Liability
E. Deductibles
F. Insurance Compensation
1. The Handling of Compensation
2. Calculation of Compensation
III. Passenger Liability Insurance
A. Scope of Coverage
B. Exclusions
C. Limitation of Liability

Insurance Law in China

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