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保证保险合同是保险公司开展保证保险业务而签订的保险合同,由于保证保险业务经验不足,有关理论和立法也没有统一,不仅导致保证保险合同纠纷的大量出现,也产生法律适用的混乱。保证保险是保险人经营的一个保险品种,保证保险合同属保险合同的范畴,但保证保险合同又具有担保的功能,不能将保证保险合同割裂为保险合同或保证合同。保证保险合同一经依法成立,即具有法律效力,保险人应依照保证保险合同的约定承担赔偿责任。
Guarantee insurance contract is the insurance contract signed by the insurance company to guarantee the insurance business. Due to the insufficiency of insurance business experience, there is no unified theory and legislation, which not only leads to the emergence of a large number of disputes over insurance contracts, but also causes the confusion of law application. Assurance insurance is a kind of insurance operated by the insurer. It ensures that the insurance contract belongs to the category of the insurance contract. However, the guarantee contract also has the function of guarantee. It can not be separated into the insurance contract or the guarantee contract. Once the insurance contract has been established according to law, it has the force of law, and the insurer shall bear the liability for compensation in accordance with the stipulations in the guarantee insurance contract.