英文摘要 |
The article concerning the insurance contracts was stipulated under Commercial Code in Japan which was enacted and came into effect in 1899, but there was almost no provision for a liability insurance contract except Sec.667. Under new Insurance Act in Japan which became effective from 2010, a statutory lien is introduced on a liability insurance contract to allow the victim of the insured event to excise the right to demand from the insured preferential compensation from the insurance benefits for damage relating to such an insured event, even if the insured has gone bankrupt. The statutory lien is a security interest under Civil Code as well as an exemption right under Bankruptcy Act and it would not be prejudiced when the insured goes bankrupt. The statutory lien is made to secure a claim for damage, and the subject matter is the amount of insured preferential compensation from insurance benefits. When the above two conditions could not be satisfied, the statutory lien could not be functioned either. The procedure of execution against a claim shall apply mutatis mutandis and the statutory lien shall be commenced only when a certificate which being able to prove the existence of the security interest submitted. In order to avoid dispute between insurer and victim in a suit for collection, the “certificate” is similar with requirement of “an acknowledgement of claim” in reality. When insured goes bankruptcy and files a petition for grant of discharge, it shall not affect any right for the statutory lien holder. This paper focuses on statutory lien for victim in liability insurance and proposes recommendations for the reform of the related laws and regulations in Taiwan. |