Docstoc

Contract Law

Document Sample
Contract Law Powered By Docstoc
					Contract Law
Contract Law
Chapter XXII Contracts of Commission Agency
414th 条 Contracts of Commission Agency is the broker in its own name for the
client to engage in trade activities, the principal pays the remuneration.

415th 条 the broker handling the entrusted affairs expenses incurred by the broker
burden, but unless otherwise agreed by the parties.

416th 条 line is in possession of the entrusted, and shall keep the credit.

417th 条 commission was delivered to the broker when the defect or perishable,
metamorphic, and consent of the principal, the broker may dispose of the item; and
clients unable to contact, the broker may reasonably action.

418th 条 below the principal broker to sell a specified price or higher than the
purchase price specified by the client, and shall obtain consent. Without the consent of
his client, the broker compensation for the difference, and the effect to the sale of the
client.

Higher than the principal broker to sell a specified price or lower than the purchase
price specified by the client, may increase according to the agreed remuneration. Not
prescribed or not clear, in accordance with the provisions of this Law 第六十一条
can not be determined, the benefit belongs to the client.

Clients have special instructions on the price, the broker may sell or purchase in
violation of the instructions.

419th 条 broker to sell or purchase goods with market prices, in addition to the
principal's intention to the contrary other than the broker itself as the buyer
or seller.

Broker the circumstances specified above, still may require the client to pay
compensation.

420th 10 in accordance with the agreed buying broker commission, the principal shall
timely take delivery. After receiving demand, the principal refuses to accept them
without justified reasons, the broker pursuant to the provisions of this Law, Article 1
can be deposited credit.

Commission can not be sold or the principal withdraws property sold by the receiving
demand, clients do not retrieve or dispose of the property, the broker pursuant to the
provisions of this Law, Article 1 can be deposited credit.
420th 一条 broker entered into a contract with a third person, the broker directly to
the contract rights, obligations.

The third person does not fulfill its obligations caused damage to the client, the broker
shall be liable for damages, but the broker and the client unless otherwise agreed.

420th 二条 broker completed or partially completed commissioning of things, the
principal shall pay the corresponding remuneration. The client fails to pay
compensation, the broker is entitled to lien on the commission, but unless otherwise
agreed by the parties.

420th 三条 provisions of this chapter does not apply to the relevant provisions of the
commission contract.




?
View full text>>>
Comments: 1 released view the flowers: send flowers, eggs, 0: 0 to drop eggs




Review the list is loading, please wait ...
?
?Economic Law at 00 o'clock on May 20, 2006
第九十二条 insurance business:

(A) Property insurance, including property damage insurance, liability insurance,
credit insurance;

(B) personal insurance, including life insurance, health insurance, accidental injury
insurance.

The same insurer is allowed to engage in property insurance and life insurance;
However, business property insurance insurance company approved by the insurance
regulatory authority may engage in short-term health insurance and accident
insurance.

The business scope of insurance by the insurance supervision and administration shall
be verified. Insurance can only be within the scope of business approved by the
insurance operations.
Insurance company shall not concurrently engage, and other laws and administrative
regulations, other than business.

第 93 approved by the insurance supervision and administration, insurance
companies may engage in insurance business in the preceding article the following
reinsurance:

(A) of the separation of insurance;

(B) divided into the insurance.

According to the 94th insurance company shall protect the interests of the insured to
ensure the solvency of the principle of the responsibility to extract reserves.

Carry liability insurance and extraction of specific measures for the reserve by the
insurance supervision and administration department.

The 95th insurance company shall have been made in accordance with the insurance
compensation or payment, and has yet to submit a maritime peril insurance
compensation or payment, extraction outstanding claims reserves.

Baffled extraction except in accordance with the provisions of the former two reserves,
the insurance company should be in accordance with relevant laws, administrative
regulations and the national financial accounting system of the withdrawal of the
fund.

第九十七条 order to protect the interests of the insured, the sound operation to
support insurance companies, insurance companies should be in accordance with the
provisions of the insurance regulatory authority insurance escrow funds.

Insurance protection fund shall be managed in a concentrated use.

Insurance Guarantee Fund Management specific methods used by the insurance
supervision and administration department.

The 98th insurance company shall have to adapt their business scale of the minimum
solvency. Of the actual assets minus real liabilities shall not be less than the insurance
regulatory authority of the amount; below a prescribed limit, should increase capital,
make up the difference.

第九十九条 insurance business property insurance premiums retained for the year
shall not exceed the actual capital reserve fund the sum of four times.

Article Where an insurance company for each risk unit, that is, one insured maximum
loss potential liability, shall not exceed the actual capital reserve fund the sum of 10%;
over the part, should go through reinsurance .

Article 1 of the risk unit insurance options and plan against huge risks should be
reported to the insurance regulatory authority.

Article 2 Insurance Insurance Regulatory body should be in accordance with the
relevant provisions of the reinsurance.

Article 3 insurance companies need to apply for reinsurance business, it shall give
priority to the insurance company in China.

Article 4 Insurance Regulatory agencies have the right to restrict or prohibit insurance
companies from outside China's insurance companies to apply for or accept
reinsurance business outside China divided into the business of reinsurance.

Article 5 of funds of insurance companies must be strong, follow the security policy
and ensure that increasing the value of assets.

Insurance companies of funds, limited to bank deposits, sale of government bonds,
financial bonds and other funds under the State Council, the use of forms.

Insurance company may use its funds to establish securities institutions, shall not be
used outside of the establishment of insurance companies.

Funds and insurance companies use the funds for specific projects specific percentage
of their total funds from the insurance regulatory authority.

Article 6 Insurance Companies and its staff are not allowed in the insurance business,
the following acts:

(A) deceived the insured, the insured or beneficiary;

(B) of the insured and the insurance contract to conceal important information about;

(C) hinder the applicant from fulfilling obligations under this Act to Inform, or induce
it not to carry out provisions of this Law Duty to Inform;

(D) commitment to the insured person or beneficiary of the insurance contract other
than the insurance premium rebates or other benefits;

(E) intentionally fabricated the occurrence of insured risks of false claims, fraud
insurance.
◎ ◎ ◎ ◎ ◎

Chapter Insurance Regulatory




107th Article I Relationship of social public interests of the insurance insurance,
compulsory insurance, insurance law, and newly developed life insurance and other
insurance clauses and premium rates, shall be submitted to the insurance regulatory
authority for approval. Insurance regulatory agency approval, the principles of
protection of public interest and to prevent unfair competition. Approval of the scope
and specific measures, the insurance supervision and administration department.

Other insurance insurance insurance clauses and premium rates, shall be submitted to
the insurance regulatory authority for the record.

第一百零 eight insurance supervision and administration shall establish and improve
supervision of insurance company solvency index system, the minimum solvency of
insurance companies to implement monitoring.

第一百零 nine insurance supervision and administration the right to inspect the
insurance company's business situation, financial situation and status of
funds, the right to request within the prescribed time limit insurance companies to
provide written reports and information.

Insurance companies shall accept the supervision and inspection.

The right to check the insurance regulatory authority insurance company in financial
institutions.

110th 10 insurance company fails to draw or carry down various reserves, or no
insurance as provided for by this law, or serious violation of the provisions of this
Law concerning the use of funds, the insurance regulatory body shall order the
Insurance companies to adopt the following measures within a time limit:

(A) of the extract according to the law or carry-over of the reserve;

(B) shall apply for re-insurance;

(C) illegal use of funds to correct the behavior;

(D) adjustment charge and the management staff.

110th 一条 in accordance with the provisions of the preceding article, the insurance
regulatory authority to make decisions within a time limit, the insurance company
failed to correct within the time limit, the insurance supervision and administration
decided to send insurance professionals and designated personnel of the insurance
company, component overhaul organization, consolidation of the insurance
companies.

Rectify the decision shall specify the name of the insurance company reorganization,
consolidation reasons, rectification organizations and the consolidation period, and
announce it.

112th 条 organizations in the consolidation process of consolidation, the right to
supervise the daily operations of the insurance company. The person in charge of the
insurance company and the management staff, should be under the supervision of the
overhaul organization to exercise their powers.

113th amended, in the reorganization process, the insurance company's
existing business to continue, but the insurance supervision and administration the
right to stop new business or stop part of the business, adjusting of funds.

The 114th has been identified by the consolidation of the insurance company has
corrected its rectification behavior of violation of this law, to restore normal operating
conditions, the overhaul organizations report to the insurance regulatory authority,
consolidation end.

115th Where an insurance company violates this Law, harm public interests, may
seriously jeopardize or has already threatened the solvency of insurance companies,
and insurance supervision and administration of the insurance company can take over.

The purpose is to take over the insurance company taken over to take the necessary
measures to protect the interests of the insured, the insurance companies to resume
normal operation. Insurance company taken over debts and liabilities are not due to
take over the change.

116th 条 over the constitution and take over the implementation of the measures
decided by the insurance supervision and administration, and to the announcement.

117th 条 takeover expires, the insurance supervision and administration may decide
to extend, but over a maximum period of two years.

118th 条 takeover expires, the insurance company taken over the normal operating
capacity has been restored, the insurance regulatory authority may decide to take over
the termination.

Take over the organization that has been taken over by the insurance
company's property has been insufficient to clear all its debts, upon the
insurance regulatory authority, according to the court for a declaration that the
insurance company bankrupt.

119th insurance company shall at the end of each fiscal year, within three months after
the previous year's business report, financial reports and related statements
submitted to the insurance supervision and administration, and published according to
law.

120th insurance company shall, before the end of each month will be on
January's sales statistics report submitted to the insurance supervision and
administration.

120th An insurance company must employ recognized by the insurance supervision
and administration of the actuarial professionals, the establishment of actuarial
reporting system.

120th 二条 business reports, financial reports, actuarial reports and other relevant
reports, documents and information must be faithfully record the insurance shall not
be any false record, misleading statements or major omissions.

120th 三条 insurers and the insured may retain an independent assessment body or a
legally qualified experts to assess the accident insurance and identification.

Employed according to the assessment and accident insurance appraisal organizations
and experts, should be operational according to the law impartially. Deliberately or by
neglect to the insurer or the insured damage, he shall be liable for compensation.

Shall be employed to assess the insured risks and identification of the fees charged by
the assessment shall be in accordance with laws, administrative rules and regulations.

120th 四条 insurance company should take good care of the business activities of all
the books, original documents and relevant information.

Preceding the account books, original documents and period of preservation of
relevant information from the insurance contract termination date, not less than ten
years.

◎ ◎ ◎ ◎ ◎ ◎

Chapter VI Insurance Agents and Insurance Brokers
120th 五条 insurance agent's commission is based on the insurer to
insurer, collects fees, and the authorization of the insurance agent to conduct
insurance business within the unit or individual.

120th 六条 insurance broker is based on the interests of policyholders, the insured
and the insurer for the insurance contracts entered into to provide intermediary
services, and law commission of the unit.

127th 条 entrusting an insurance agent to handle the insurance business, it should be
with the insurance agent sign an agent agreement, according to agree upon the rights
and obligations, and other agency matters.

128th 条 insurance agent authorized under the insurer's agent to conduct
insurance business behavior, the insurer liable.

Insurance agent for the insurers to handle the insurance business, there are beyond the
powers of conduct, the insured has reason to believe that it is authorized, and has
signed the insurance contract, the insurer shall bear the insurance liability; however,
the insurer may be held according to law ultra vires the insurance agent responsibility.

129th the Personal insurance agent handling life insurance business shall not also
accept the commission of two or more insurers.

130th 条 handled by insurance brokers in the insurance business in the fault of the
insured, the insured losses, the insurance broker liability.

130th 一条 insurance agents, insurance brokers in handling insurance business, the
following acts are prohibited:

(A) deceive the insurer, insured or beneficiary;

(B) concealing important information about the insurance contract;

(C) hinder the applicant from fulfilling obligations under this Act to Inform, or induce
it not to carry out provisions of this Law Duty to Inform;

(D) commitment to the insured person or beneficiary of the insurance contract other
than interests;

(E) the use of executive power, position or employment facilitation, and other unfair
means to force, induce or restrict the insured to the insurance contract.

130th 二条 insurance agent, insurance broker should have the insurance regulatory
authority under the eligibility requirements and obtain the insurance regulatory
authority issued by the insurance agency business brokerage business license or
permit, to the administrative authority for industry and commerce registration,
business license and pay the deposit or take out professional liability insurance.

130th 三条 insurance agent, insurance broker should have its own premises, special
books to record insurance agency business or brokerage account balance, and accept
the supervision of the insurance regulatory authority.

130th 四条 insurance agent commissions and broker commissions, only to have the
legal status of insurance agents and insurance brokers to pay, not to other people to
pay.

130th 五条 insurance company shall set up the company's insurance
agents.

130th 六条 insurance company shall strengthen the training and management of
insurance agents, insurance agents to improve professional ethics and quality, not
instigate or mislead the insurance agent activity against the obligation of good faith.

137th Law shall 109th Article 119th Article shall apply to insurance agents and
insurance brokers.

◎ ◎ ◎ ◎ ◎ ◎ ◎

Chapter VII Liability




138th 条 insured or the beneficiary of the following acts, carried out insurance fraud
activities, constitutes a crime, criminal liability:

(A) the insured intentionally fictional objects of insurance fraud insurance money;

(B) was not lied to place insurance, accident insurance, accident insurance claim
payment;

(C) intent to cause property damage insurance, accident insurance claim payment;

(D) the insured intentionally caused the death, disability or sickness of the life
insurance accident insurance claim payment;

(E) forging or altering evidence related to the accident and insurance, information and
other evidence, or instigating, buy others to provide false evidence, information or
other evidence, fabricating or exaggerating the losses cause of the accident, fraudulent
insurance money.

Of the aforementioned acts, minor, does not constitute a crime under the state
regulations for administrative penalties.

139th Where an insurance company and its staff in the insurance business of
concealing important information about the insurance contracts to deceive the insured
or the beneficiary, or refuses to comply with the insurance contract, compensation or
insurance payment obligations constitutes a crime shall be investigated for criminal
responsibility; does not constitute a crime, the insurance supervision and
administration of the insurance companies impose a 50,000 yuan fine of not less than
300,000 yuan; staff have violated the law, punishable by more than 20 thousand yuan
100,000 yuan shall be imposed; circumstances are serious, limit the scope of
insurance business, or be ordered to stop accepting new business.

Insurance company and its staff impeded the insured to perform the obligations, or
induce it not to perform the obligations or commitments to the insured or the
beneficiary of illegal insurance premium rebates or other benefits, constitutes a crime
shall be prosecuted criminal liability; not constitute a crime, the insurance supervision
and administration department shall order correction of the insurance companies
impose a 50,000 yuan fine of not less than 300,000 yuan; staff have violated the law,
punishable by 20 thousand yuan less than 100,000 yuan penalty; the circumstances
are serious, limiting the scope of insurance business, or be ordered to stop accepting
new business.

140th 条 insurance agent or insurance broker in its operations to deceive the insurer,
insured or the beneficiary, constitute a crime shall be investigated for criminal
responsibility; does not constitute a crime, the insurance supervision and
administration ordered to make corrections, and impose more than 300,000 yuan to
50,000 yuan shall be imposed; the circumstances are serious, and revoked the
insurance agent license or broker license.

140th of an insurance company and its staff have fabricated the occurrence of insured
risks of false claims, insurance claim, constitutes a crime shall be prosecuted for
criminal liability.

140th Anyone who violates the provisions of this Law, without authorization of an
insurance company or engage in commercial insurance activities, the insurance
supervision and administration shall be banned; constitute a crime shall be
investigated for criminal responsibility; not constitute a crime, the insurance
supervision authorities confiscate the illegal income, impose more than five times the
illegal income shall be imposed, there is no illegal income or the illegal gains are less
than 200,000 yuan, a fine of 200,000 yuan more than 1 million yuan shall be imposed.
140th Whoever violates any provisions of this law, beyond the approved scope of
business of insurance, or concurrently with this Act and other laws and administrative
regulations other than the business, constitutes a crime shall be investigated for
criminal responsibility; not constitute a crime, insurance supervision and
administration department shall order correction, ordered to refund the premiums
collected, confiscate the illegal income, impose more than five times the illegal
income shall be imposed; no illegal income or the illegal gains are less than 100,000
yuan, a fine of 100,000 yuan or more 5 100,000 yuan shall be imposed; it fails to do
or cause serious consequences, shall be ordered to suspend business for rectification
or revoke the insurance license.

140th Whoever, in violation of this Law, without approval, arbitrarily change the
name of the insurance company, articles of association, registered capital, company, or
branch of the operational sites, the insurance regulatory authority shall order
rectification and impose a 10 000 yuan to 100,000 yuan shall be imposed.
140th Whoever, in violation of this Law, one of the following acts, the insurance
regulatory authority shall order rectification and impose more than 300,000 yuan to
50,000 yuan shall be imposed; circumstances are serious, can limit the scope of
business, ordered stop accepting new business or insurance business license revoked:
(A) Failing to use a guarantee fund or in violation of the provisions of margin;
(B) fail to draw or carry the liability reserves or fail to draw outstanding claims
reserve;
(C) not in accordance with the provisions of the insurance guarantee fund, provident
fund;
(D) not in accordance with the regulations of reinsurance business;
(E) contravenes the provisions of an insurance company funds;
(F) without the approval of the establishment of branches or representative offices;
(7) without the approval of separation, merger;
(8) failing to provide for approval of insurance shall be submitted to the insurance
clauses and premium rates submitted for approval.
140th Whoever violates the provisions of this Law, one of the following acts, the
insurance supervision and administration department shall order correction, it fails to
do, a fine of 10,000 yuan more than 100,000 yuan shall be imposed:
(A) fails to submit the relevant reports, statements, documents and information;
(B) not in accordance with the requirements will be submitted for the record of the
insurance clauses and premium rates for insurance submitted to the record
147th in violation of provisions of this Law, one of the following acts constitute a
crime shall be investigated for criminal responsibility; not constitute a crime, the
insurance supervision and administration department shall order correction, a fine of
500,000 yuan yuan less fine; circumstances are serious, can limit the scope of
business, ordered to stop accepting new business or insurance business license
revoked:
(A) provide false reports, statements, documents and information;
(B) refuse or obstruct the inspection and supervision according to law.
148th in violation of provisions of this Law, one of the following acts, the insurance
regulatory authority shall order rectification and impose a 50,000 yuan more than
300,000 yuan shall be imposed:
(A) of the excess coverage, if the circumstances are serious;
(B) no capacity for civil conduct underwriting to death for the insurance payment
conditions of insurance.
149th in violation of provisions of this Law, without getting the insurance agent
license or broker license, illegally engaging in the insurance agency business or
brokerage business, the insurance supervision and administration shall be banned;
constitutes a crime shall be prosecuted criminal liability; does not constitute a crime,
the insurance supervision and administration shall confiscate the illegal income,
impose more than five times the illegal income shall be imposed, there is no illegal
proceeds or the illegal gains are less than 100,000 yuan, a fine of 100,000 yuan or
more 50 yuan shall be imposed.
150th Whoever violates this law constitutes a crime not directly responsible for the
behavior of senior managers of insurance companies and other persons directly
responsible, the insurance regulatory body can distinguish between different situations
to be a warning, ordered to be replaced, punishable by 20 thousand yuan more than
100,000 yuan shall be imposed.
150th anyone violates the provisions of this Law, causes damage to others shall bear
civil liability
150th 二条 do not conform to the requirements of the application be approved the
establishment of insurance companies, or do not meet the insurance agent, insurance
broker conditions for approval, or have abuse of power, dereliction of duty and other
acts constitute a crime shall be investigated for criminal responsibility; not constitute
a crime shall be given administrative sanctions.
Chapter VIII
150th 三条 marine insurance for the relevant provisions of maritime law; maritime
law not provided for in this Law shall apply the relevant provisions.

150th 四条 joint venture insurance companies, foreign-owned insurance companies,
foreign insurance company by this law; laws, administrative regulations, the
application of its provisions.

150th 五条 state supports the development of agricultural production services,
insurance, utilities, agricultural insurance by law, administrative rules and regulations
separately.

150th 六条 provisions of this Law other than the insurance company the nature of
the insurance organization, by law, administrative rules and regulations separately.

157th before the implementation of this Law by the State Council approved the
establishment of insurance companies to retain, which can not meet the conditions
stipulated in this Law shall be achieved within the prescribed time limit provisions of
this Law. The specific measures by the State Council.

158th This Law shall October 1, 1995 shall come into force.


?

				
DOCUMENT INFO