车辆损失险“无责免赔”条款研究

发布时间：2018-09-04 16:02

【摘要】：随着我国经济的发展和人们生活水平的提高,我国机动车的保有量增长迅速,机动车商业保险的投保数量也逐年递增,并占据财产保险四分之三的市场份额。而车辆损失险作为一个重要险种,其“无责免赔”条款,无论在理论上还是司法实践上均引发了诸多争议。保险公司往往以车辆驾驶人在交通事故中没有责任来拒绝赔偿其车辆的损失,造成不少被保险人投保了车损险却无法获得赔偿的情况。被保险人索偿无门,只得诉至法院,要求保险公司赔偿,由此导致了该类案件在司法实践中大量存在。由于我国法律对车损险“无责免赔”条款缺乏明确的规定,司法上缺乏对车损险的归责原则的明确解释,导致同类案件中,不同的法院的判决理由各不相同,同案不同判现象大量存在。本文试图从车损险的定性及其归责原则出发,结合“无责免赔”条款存在的理论依据,阐述“无责免赔”条款是否适宜规定在车辆损失保险合同当中,从而对该类问题的有效解决提供一定的帮助。本文首先从一个车辆损失险“无责免赔”条款引发的争议案例出发,引出该条款存在的争议焦点。其次,对车辆损失险的归责原则进行研究,通过对该保险设立目的的分析以及该险种与交强险、商业三责险的比较,阐明该险种应适用无过错责任的归责原则,并对“无责免赔”条款进行理论上的分析。再次,对该条款在法律上的适用现状进行分析,找出法律适用中存在的问题,并指明问题的根源。
[Abstract]:With the development of China's economy and the improvement of people's living standards, the number of motor vehicles in our country is increasing rapidly, and the number of commercial motor vehicle insurance is increasing year by year, which occupies 3/4 of the market share of property insurance. As an important kind of insurance, the clause of "no liability and compensation" has caused many controversies in theory and judicial practice. Insurance companies often refuse to compensate for the loss of their vehicles because the vehicle drivers do not have the responsibility in traffic accidents, resulting in many insured car damage insurance but can not get compensation. The insured has no claim and has to go to court to demand compensation from the insurance company, which leads to a large number of such cases in judicial practice. Due to the lack of clear stipulation on the clause of "no liability and no compensation" in the law of our country, and the lack of a clear explanation of the principle of imputation to the insurance of car damage in the judiciary, different courts have different reasons for adjudication in the same kind of cases. The phenomenon of different judgments in the same case exists in large numbers. Based on the qualitative analysis and liability principle of vehicle damage insurance and the theoretical basis of the "no-liability exemption" clause, this paper attempts to expound whether it is appropriate for the "non-liability exemption" clause to be stipulated in the vehicle loss insurance contract. Thus, it can provide some help for the effective solution of this kind of problem. This article starts from a dispute case caused by the clause of "No liability and compensation" in the vehicle loss insurance, and leads to the dispute focus of the clause. Secondly, the liability principle of vehicle loss insurance is studied. By analyzing the purpose of the insurance and comparing it with traffic insurance and commercial triple liability insurance, it is clarified that the liability principle of no-fault liability should be applied to this kind of insurance. And the article of "no liability and indemnity" carries on the theoretical analysis. Thirdly, the article analyzes the current situation of the application of the law, finds out the problems existing in the application of the law, and points out the root of the problem.
【学位授予单位】：上海交通大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.284

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