Law Insurance Law

Chinese Insurance Contracts: Law and Practice

By Zhen Jing
Informa Law December 2016

Specifications

ISBN-13
9780415743280
Publisher
Informa Law
Publication
December 2016
Format
Hardback , 840 pages
Jurisdiction
China ? Countri(es) for reference only

Details

Chinese Insurance Contracts: Law and Practice is the first systematic text written in English on the law of insurance in China.

This book offers a critical analysis of the major principles, doctrines and concepts of insurance contract law in China. At every point the analysis discusses the principles of the Insurance Law in detail, referring where appropriate to decided cases and also drawing attention to external influences.

Readers are guided through the complexities of Chinese law in a clear and comprehensive fashion, and - significantly - in a manner that is accessible and meaningful for those used to a common law system.

This book presents a comprehensive picture of Chinese insurance contract law, to facilitate a wider understanding of the relevant rules of law. Elements of insurance contract law are critically examined.

In addition, this book presents rules of law on some special types of insurance contract, such as life insurance, property insurance, liability insurance, motor vehicle insurance, reinsurance, and marine insurance. The deficiencies and shortcomings of the law and practice will be identified and analysed; suggestions and recommendations on how to reform the law will be presented.

Chinese Insurance Contracts also offers legal and practical advice to insurance professionals on how to draft clauses to avoid contractual pitfalls. It also uses cases to illustrate the difficulties which can arise in applying the principles in practice.

This book will be essential reading for insurance companies and legal practitioners looking to do business in China, as well as reference for Chinese lawyers practising insurance law. It will also be a useful resource for students and academics studying Chinese law.

Table of Contents

Chapter 1. Introduction to Insurance and China's Insurance industry
Chapter 2. Chinese Legal System and the Insurance Law
Chapter 3. The Regulation of Insurance
Chapter 4. Formation of an Insurance Contract
Chapter 5. Terms of Insurance Contracts and Construction
Chapter 6. Premiums
Chapter 7. Insurable Interest
Chapter 8. The Insured's Duty of Disclosure and Representations
Chapter 9. The Insurer's Pre-contractual Duty of Good Faith
Chapter 10. Increase of Risk during the Insurance Period
Chapter 11. Double Insurance and Contribution
Chapter 12. Causation
Chapter 13. Risk Prevention and Loss Mitigation
Chapter 14. The Making of a Claim
Chapter 15. Settlement of Claims
Chapter 16. Fraudulent Claims
Chapter 17. Subrogation
Chapter 18. Modification and Rescission of Insurance Contracts
Chapter 19. Property Insurance
Chapter 20. Life and Accident Insurance
Chapter 21. Liability Insurance
Chapter 22. Motor Vehicle Insurance
Chapter 23. Reinsurance
Chapter 24. Marine Insurance

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