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Research on Rescinding System of Insurer’s Legal Right in China

Author: ZhangWeiXia
Tutor: YueCaiShen
School: Southwestern University of Finance and Economics
Course: Economic Law
Keywords: insurer legal right rescinding system problems comparative research suggestion
CLC: D922.284
Type: Master's thesis
Year: 2007
Downloads: 225
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Abstract

After entering into WTO,insurace industry in China is developing quickly.And with the inprovement of the living standard of chinese people and the strengthening of insurance consciousness of chinese people,buying insurance has become one of important ways that can strengthen the living guarantee of chinese people. With the increase of insurace contracts,insurance disputes has been increasing quickly.The content of insurer’s legal right of rescinding a contract is regulated several articles of Insurance Law of China.It has many problems.On the one hand,the research on rescinding system of insurer’s legal right in China is not still deep enough. there are still some points that need to be further researched.On the other hand,the regulation of insurer’s legal right of rescinding a contract in Insurance Law of China has many problems. The focal point of this paper is to study the problems of rescinding system of insurer’s legal right,which specially occur when the insured violate the disclosure duty and the informative obligation of risk increase.And warranty is not regulated in the Insurance Law of China,it results in many disputes in insurance practice and they can’t been solved perfectly because of the short of legal basis. It can be seen that the content of insurer’s legal right of rescinding a contract is so unreasonable that many disputes occur in practice. Therefore,we should take measures to perfect regulation of Insurance Law of China.It’s just on the basis of the background above, the article is written.The study on rescinding system of insurer’s legal right should be begun at ananlyzing its basic theories.Insurer’s legal right of rescinding a contract is based on principle of honesty and good faith and principle of making compensation for equal value.When the insured violate these principles,the insurer can rescind a contract,so as to show the authority of contract.Then the author makes analysis of the reason why these regulation are unreasonable and puts forward some suggestion on how to perfect these regulation.The essay can be divided into four chapters.In chapter one, the auther summarizes the basic theories of rescinding system of insurer’s legal right,they are principle of honesty and good faith and principle of making compensation for equal value.Finally,the author makes the conclusion that only when the insured violate these principles,the insurer can rescind a contract. It provides guiding of direction for new insurance case that may ocuur in the future.In chapter two, the auther summarizes some problems that exist in rescinding system of insurer’s legal right in China.They mostly include those problems in regulation of Insurace Law of China, such as the regulation that the insured violate the disclosure duty and the informative obligation of risk increase.And warranty is not regulated in the Insurance Law of China.These unreasonable regulation result in many problems in insurance practice.In chapter three of this artile,the auther introduces regulation of insurer’s legal right of rescinding a contract in other places.By comparative research,the auther sums up their common character and their rationality,they give some good ideas for revising of Insurance Law of China.In the end, charpter four is the main part of the article,which includes four sections.The first section puts forward measures how to perfect the regulation of the disclosure duty according to those problems that are summed up in charpter two.It should be perfected in some aspects such as performance subject and performance scope etc.The second section puts forward suggestion how to perfect the regulation of informative obligation of risk increase.This regulation should be applied to not only property insurance but also life insurance; Danger increase should be differentiated into subjective danger increase and objective danger increases and should be stipulated different consequence according to the type of danger increase; When it has a small extent to danger increase,the insurer can’t rescind a contract etc.And the third section puts forward suggestion on the perfection of warranty.At last, the rescinding effect of insurance contract is researched.Today, more and more scholars pay great attention to the research on rescinding system of insurer’s legal right. The author has extensively collected relevant materials during the process of conceiving this article, which are used in the article after careful analyzing and deeply thinking. Although it’s a difficult work, the author makes bold to try to innovate in the following aspects as the break-through of an academic dissertation. Firstly, it puts forward the legal concept of“a prudent insurer”and makes an new explanation for it.And Insurance Law of China should adopt“May improve risk standard”in the regulation of items of disclose.Secondly,the auther will give suggestion on perfection of the regulation of the informative obligation of risk increase.Finally,Warranty is important for both sides of insurace contract,especially for the insured.But it is not regulated in Insurance Law of China,the auther will put forward some suggestion on the warranty.

Research on Rescinding System of Insurer’s Legal Right in China

Abstract

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