Chinese Insurance Contracts : Law and Practice book cover
1st Edition

Chinese Insurance Contracts
Law and Practice

ISBN 9780367736538
Published December 18, 2020 by Informa Law from Routledge
902 Pages

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USD $350.00

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Book Description

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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Dr Zhen Jing is a lecturer at Bangor University. She has practical experience in the Chinese insurance industry.