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履约保证保险是指以债务人为投保人,债权人为被保险人,在债务人到期未履行合同义务时,由保险公司承担支付保险金责任的一种保险业务,它是保证与保险两种法律制度联姻的产物。我国保证保险业务起步较晚,相应的法律制度体系滞后,在实践中纠纷不少,理论上争议颇多。本文对履约保证保险进行了从理论和实务层面进行了剖析,以期为我国履约保证保险的发展尽绵薄之力。
The performance guarantee insurance refers to an insurance business in which the debtor is the insured and the creditor is the insured, and the insurer is responsible for paying the insurance liability when the debtor fails to perform its contractual obligations due to the expiration of the debtor’s obligations. It is the two legal systems of guarantee and insurance The product of marriage. China’s insurance business started relatively late, the corresponding legal system lags behind, and there are many disputes in practice. There are many disputes in theory. This article analyzes the performance guarantee insurance from the theoretical and practical aspects, with a view to making the development of the performance guarantee insurance in our country a modest one.