The University of Southampton
University of Southampton Institutional Repository

Third parties’ rights and insurers’ defences in liability insurance in Chinese law and judicial practice

Third parties’ rights and insurers’ defences in liability insurance in Chinese law and judicial practice
Third parties’ rights and insurers’ defences in liability insurance in Chinese law and judicial practice
This article examines the Chinese law in respect of third parties’ rights against insurers and insurers’ defences on claims brought by third parties in liability insurance. The article considers whether injured third parties receive sufficient protection by the operation of the Chinese Insurance Law and judicial practice, and demonstrates that existing law does not provide third parties with sufficient protection in the event of the insured’s insolvency, death or disappearance. The article recommends that where such an event occurs, rights should be conferred upon third parties against liability insurers. Moreover, the article identifies a lacuna in Chinese Insurance Law in respect of insurers’ rights to rely on defences to the third parties’ actions. Finally, a number of ambiguities in art 65 of the Insurance Law and in judicial rules are identified and clarified.
0378-0600
275-302
Jing, Zhen
045c35f8-ff59-439d-a682-1934cf3c6d1f
Zhao, Liang
613edba3-09db-4b4e-a0ac-94ed7ff2cbda
Jing, Zhen
045c35f8-ff59-439d-a682-1934cf3c6d1f
Zhao, Liang
613edba3-09db-4b4e-a0ac-94ed7ff2cbda

Jing, Zhen and Zhao, Liang (2020) Third parties’ rights and insurers’ defences in liability insurance in Chinese law and judicial practice. Hong Kong Law Journal, 50 (1), 275-302.

Record type: Article

Abstract

This article examines the Chinese law in respect of third parties’ rights against insurers and insurers’ defences on claims brought by third parties in liability insurance. The article considers whether injured third parties receive sufficient protection by the operation of the Chinese Insurance Law and judicial practice, and demonstrates that existing law does not provide third parties with sufficient protection in the event of the insured’s insolvency, death or disappearance. The article recommends that where such an event occurs, rights should be conferred upon third parties against liability insurers. Moreover, the article identifies a lacuna in Chinese Insurance Law in respect of insurers’ rights to rely on defences to the third parties’ actions. Finally, a number of ambiguities in art 65 of the Insurance Law and in judicial rules are identified and clarified.

Text
Third Parties’ Rights and Insurers’ Defences in Liability Insurance - Accepted Manuscript
Restricted to Repository staff only
Request a copy

More information

Accepted/In Press date: 30 March 2020
Published date: 2020

Identifiers

Local EPrints ID: 443489
URI: http://eprints.soton.ac.uk/id/eprint/443489
ISSN: 0378-0600
PURE UUID: 7c455ee5-2fb2-46c0-8c1e-cb19acb095ed
ORCID for Liang Zhao: ORCID iD orcid.org/0000-0003-1299-1000

Catalogue record

Date deposited: 26 Aug 2020 16:36
Last modified: 17 Mar 2024 04:01

Export record

Contributors

Author: Zhen Jing
Author: Liang Zhao ORCID iD

Download statistics

Downloads from ePrints over the past year. Other digital versions may also be available to download e.g. from the publisher's website.

View more statistics

Atom RSS 1.0 RSS 2.0

Contact ePrints Soton: eprints@soton.ac.uk

ePrints Soton supports OAI 2.0 with a base URL of http://eprints.soton.ac.uk/cgi/oai2

This repository has been built using EPrints software, developed at the University of Southampton, but available to everyone to use.

We use cookies to ensure that we give you the best experience on our website. If you continue without changing your settings, we will assume that you are happy to receive cookies on the University of Southampton website.

×