消费贷款保证保险法律性质及相关问题探析

Analysis On the Legal Nature and the Relevant Problems of Consuming Loan Warranty Insurance

消费贷款保证保险属于财产保险的一个险种,实践中对于消费贷款保证保险的法律性质存在不同认识,主要有“担保说”、“保险说”和“担保与保险竞合说”。通过对保险与担保的本质区别进行分析,可确认消费贷款保证保险的法律性质是保险而非保证担保,它与保证之间的相似之处仅仅是形似。对这一法律关系应适用《保险法》以及《合同法》、《民法通则》的相关规定予以调整。

Consuming loan warranty insurance is a type of property insurance. In practice there are differ-ent views towards the legal nature of consuming loan warranty insurance, and predominant views are the theory of security law relationship, the theory of insurance law relationship and the theory of concurrence of security law relationship and insurance law relationship. Through the analysis of the essential differ-ences between insurance and security, it is ascertained that the legal nature of consuming loan waranty insurance is an insurance law relationship but not a security law relationship, though the two shares some likeness in appearance. Some relevant stipulations of Contract Law, Insurance Law and Civil Code shall be applied to regulating consuming loan watranty insurance.