A Comparative Study on Insurance Guaranty Fund of Identifier and Operation-including the Third Party exercising Subrogation rights against Insurance Guaranty Association
| Autor: | Wu-Hsiung Lin, 林武雄 |
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| Rok vydání: | 2011 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 99 The framework of this paper is to focus on Insurance Guaranty Found of Identifier and Operation, and also with reference to legislation of the advanced countries, such as America, UK and Canada, with extensive and practical experience in handing the impaired or insolvent insurer. After having basic concept of above-mentioned law, a proposal to modify the legislation of Insurance Guaranty Found in Taiwan will be made by comparing our Insurance Guaranty Found Act with foreign ones. The summary of this paper is as follows: 1. In this paper, we discuss a case as a starting point to illustrate the Insurance Guaranty Found on the issue of Identification, then the third party exercising subrogation against the Insurance Guaranty Found, and deriving to the discussion of Identifier, scope and limitations. The discussion methods is in comparison with erit and demerit of foreign and domestic Insurance Guaranty Found Acts. 2. First, this study introduces the similar legislation of Insurance Guaranty Found in U.S.A, UK and Candida due to domestic Insurance Guaranty Found in the early stage, research and incomplete Chinese information and data. U.S.A. is the most experienced country in handling the Reorganization and Bankruptcy of insolvent insurer among aboved-mentioned introduction, and with abundant cases and a more complete legal system. Thus, the description of this study will be mainly with the American legal system, supplementing with U.K. system, and Canada and Japan Insurance Guaranty Fund to be discussed if available. 3. After introducing foreign legislation, I would review the issues related to existing domestic regulatory of Insurance Guaranty Found, and then discussing the principal of Identification, scope and limitations by the way of comparing the advantages and disadvantages of Insurance Guaranty Found Act in U.S.A, UK and Candida. With reference to the advantage of foreign legislation, the revised provisions for our domestic regulations would be recommended accordingly. 4. Finally, this paper is to focus on Insurance Guaranty Found of Identifier and Operation, although this is only part of handing impaired or insolvent insurer of the whole legal system. I hope that I can make little progress for our Insurance Guaranty Fund system, through introducing the advanced foreign legislation and proposing a modified proposal provisions. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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