What are the conditions of debt insurance and what are the benefits of debt insurance

Property preservation is an important legal system stipulated in the Civil Procedure Law of China. According to the provisions of the Civil Procedure Law, there are two types of property preservation: one is pre-litigation property preservation; The other is property preservation in litigation.

1) Pre-litigation property preservation.

"Pre-litigation property preservation" refers to litigation protection activities in which the people's court adopts compulsory protection measures against the property of the parties or the subject matter of the dispute on the basis of the application of the interested parties before accepting the lawsuit. According to Article 101 of the Civil Procedure Law, two conditions shall be met for property preservation before litigation:

1. Due to the urgency of the situation, failure to immediately apply for property preservation will cause irreparable damage to its legitimate rights and interests.

2. The applicant shall provide a guarantee, and if the applicant fails to provide a guarantee, the people's court shall reject the application.

2) Property preservation in litigation.

Property preservation in litigation refers to litigation protection activities in which in order to ensure that future judgments can be effectively enforced, and the people's courts take compulsory protective measures against the parties' property or the subject matter of the dispute at the request of the parties or on their own initiative in accordance with their authority in order to ensure that the judgments rendered in the future can be effectively enforced.

According to Article 100 of the Civil Procedure Law, there is only one condition for a party to apply for property preservation in litigation, that is, the judgment may be unenforceable or difficult to enforce due to the conduct of one of the parties or other reasons. The people's court shall make a decision on whether it is necessary to provide security for the preservation of property in litigation; If the court orders the applicant to provide security and the applicant does not, the people's court will reject the applicant's application.

In the category of life insurance, survival metal should be recognized as a debt with the debtor itself.

Article 73 of the Contract Law provides that if the debtor neglects to exercise its due creditor's rights and causes damage to the creditor, the creditor may request the people's court to subrogate the debtor's creditor's rights in its own name, unless the creditor's rights are exclusive to the debtor.

Article 12 of Interpretation 1 of the Supreme People's Court interprets the creditor's rights exclusive to the debtor as the right to claim payment based on the relationship of support, support, support and inheritance, and the right to claim labor remuneration, retirement, pension, pension, resettlement payment, life insurance, personal injury compensation, etc.

A typical bond insurance benefit is credit insurance. The reason why the creditor has an insurance interest in the bond is that the creditor's interest will inevitably be damaged when the debtor fails to perform the debt, which is in line with the characteristics of insurance interest. Because of the existence of bonds, the policyholder has an insurance interest with the debtor, because whether the bonds can be obtained as scheduled is related to the debtor's body and life, as well as the debtor's credit.

In addition, at the time of insurance application, the insured amount of the contract between the policyholder and the debtor is capped at the amount of the bond round, and the insurance company will not pay any excess amount. At the same time, when applying for insurance, it is necessary to provide documents such as "IOU" to prove the relationship between creditor's rights and debts.

Insurance interest refers to the legally recognized interest of the policyholder in the subject matter of insurance. There are three conditions that should be met to constitute an insurance interest:

1. The insurance interest must be legitimate, legally recognized and claimable.

2. The insurance interest must be definite and realizable. Interests that are only subjectively determined to exist by the policyholder, but do not exist in objective reality, should not be regarded as insurance interests.

3 The insurance benefit must be a benefit that can be calculated in monetary terms. The value of the loss cannot be calculated in monetary terms, and the benefit that cannot be compensated in money cannot be used as an insurance interest.

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A third party pays off the debtor's debts with the consent of the creditor. It can be based on two interpretations: one is the transfer of creditor's rights and debts to the third pure chongqing, that is, the third party has fulfilled the debts after receiving the debts, obtained the status of the original creditor, and has a claim against the original debtor

The second is that the third party provides a guarantee guarantee, and after performing the guarantee liability, the guarantor has the right to recover from the debtor after assuming the guarantee liability. Article 392 of the Civil Code of the People's Republic of China: Where the secured creditor's right is secured by both a real and a personal security, and the debtor fails to perform the due debt or the parties agree to realize the security interest, the creditor shall realize the creditor's right in accordance with the agreement; If there is no agreement or the agreement is not clear, and the debtor provides security for the thing, the creditor shall first realize the creditor's right on the security of the thing; If a third party provides security in kind, the creditor may realize the creditor's right in respect of the security in rem, or may make a judgment to request the guarantor to bear the guarantee liability. The third party providing the guarantee has the right to recover from the debtor after assuming the guarantee liability.

The main legal provisions on insurance and debt are the Social Insurance Law of the People's Republic of China and the Civil Code of the People's Republic of China.

Legal basis: Social Insurance Law of the People's Republic of China

Article 2 The State shall establish a social insurance system of basic endowment insurance, basic medical insurance, work-related injury insurance, unemployment insurance, maternity insurance, and so on, to ensure citizens' right to receive material assistance from the state and society in accordance with the law in the event of old age, illness, work-related injury, unemployment, childbirth, and so on.

Article 3 The social insurance system adheres to the principle of wide coverage, basic protection, multi-level, and sustainability, and the level of social insurance should be commensurate with the level of economic and social development.

Article 4 Employers and individuals within the territory of the People's Republic of China who pay social insurance premiums in accordance with the law have the right to inquire into the records of payment and personal rights and interests, and to request the social insurance agencies to provide social insurance consultation and other related services.

Individuals enjoy social insurance benefits in accordance with the law, and have the right to supervise their own units' contributions for them.