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近年来,因汽车消费贷款风险暴露而导致的银行、保险公司及借款人之间的法律诉讼案件大量发生。其中,司法部门对保证保险合同法律性质的界定,即认为该类合同是保证合同还是保险合同,对其判定责任适用法律起到决定性的作用。具体诉讼实践中,商业银行可视诉讼对象不同,从维护自身权益出发,采取直接起诉保险人和起诉借款人连带保险人两种方式,同时,对汽车消费贷款保证保险合同中众多的免责条款也必须高度重视,认真加以剖析以正确主张自身权益。
In recent years, a large number of lawsuits have taken place among banks, insurance companies and borrowers due to the exposure of automobile consumer loans. Among them, the judiciary defines the legal nature of the guarantee insurance contract, that is, whether the contract is a guarantee contract or a contract of insurance plays a decisive role in the application of the law on the determination of liability. Specific litigation practice, commercial banks may be different depending on the object of litigation, starting from the maintenance of their own rights and interests, to take direct prosecution of the insurer and prosecutors borrower joint insurer in two ways, at the same time, a large number of automotive consumer loan guarantee contract exemption clauses We must attach great importance to careful analysis to correctly claim our own rights and interests.