ABSTRACT

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.

chapter 3|62 pages

The Regulation of Insurance

chapter 4|40 pages

Formation of an Insurance Contract

chapter 6|12 pages

Premiums

chapter 7|50 pages

Insurable Interest

chapter 10|24 pages

Increase of Risk During the Insurance Period

chapter 11|26 pages

Double Insurance and Contribution

chapter 12|26 pages

Causation

chapter 13|18 pages

Risk Prevention and Loss Mitigation

chapter 14|18 pages

The Making of a Claim

chapter 15|28 pages

Settlement of Claims

chapter 16|16 pages

Fraudulent Claims

chapter 17|50 pages

Subrogation

chapter 19|16 pages

Property Insurance

chapter 20|60 pages

Life and Accident Insurance

chapter 21|26 pages

Liability Insurance

chapter 22|42 pages

Motor Vehicle Insurance

chapter 23|30 pages

Reinsurance

chapter 24|50 pages

Marine Insurance