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On the Right to Rescind Insurance Contract

Author: ZhangYuanHua
Tutor: XuWeiDong
School: Changchun University of
Course: Civil and Commercial Law
Keywords: Insurance Contract The Right to Rescind Contract The Condition of Performance The Validity of Law
CLC: D922.284
Type: Master's thesis
Year: 2011
Downloads: 56
Quote: 0
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Abstract


The insurance contract has the features of aleatoriness, adhesion and continuity. When the basic conditions of signing insurance contract never exists, the goal of the contract has never been attained or the parties of the contract are reluctant to continue performing the contract, the parties concerned shall be endowed with the right to rescind the contract to terminate the contract relationship in aim of avoiding or decreasing unneccessary loss. The current researches concerning the right to rescind insurance contract mainly focus on reference and ignore localised legal truth. The insurance contract law, experiencing two modifications, has no detailed explainations for the section of the right to rescind insurance contract as well as an incomplete system. The performance of rescinding insurance contract shall cancel the legal relationship of the contract before schedule, which deserves a further study since it interferes in important interests of both parties.The dissertation holds that the right to rescind insurance contract shall attempt to apply research methods like document studies,semantic analysis and comparative studies to attain the logical comformity in legal system based on innovative regulations different from other countries constituted by contract law and grounded on localised law constitution truth and reference of alien advanced law-making and philosophies.The first part introduces some basic theories of the right to rescind insurance contract, analyzes the concepts and characteristics of the right to rescind insurance contract and refers to the principles of sincerity, consideration and benefit balance, and protection of legal rights and interests of the insured to highlight the legal rights and interests so as to seek fundamental equitiy and justice.The second part concerns that an orderly analysis is given to the performance of right to rescind insurance contract from the agreement of parties concerned and the regulations of insurance law and the agreed conditions, which concludes that agreement rescinding shall not be included. An argumentation has been made by differing the insurers and the insured as to the legal conditions, which concludes that the insured lawful right to rescind contract is with randomness but the obligations for the insurers.The third part concerns that alien advanced experiece shall be referred to construct the blocking reasons for the performance right to rescind insurance contract and prompt the party concerned to exercise their rights in time from the perspectives of items insurance, right abandoning, negative words prohibition and incontestable items so as to protect the rights and interests of the other party.The fourth part concerns that a discussion has been given to the legal force for performance right to rescind insurance contract equal to traceability or toward future validity termination to analyze whether the performance validity of rescinding insurance contract has traceability based on the endowment of traceability in principle under the system of contract law.The fifth part concerns that a conclusion has been made that the study methods by using the general regulations of the insurance contract, life insurance contract and property insurance contract to construct the system of the right to rescind insurance contract under the above analysis shall show its deserved important status and abandon its random distribution condition.The dessertaion shall make a breakthrough by putting forward some relative reasonable systemized law constitution suggestions through detailed differing of concrete conditions and legal force of performance right to rescind insurance contract, based on the category and guide of performance right to rescind related contract in contract law and highlighting the protection of rights and interests of the insured in theory.

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CLC: > Political, legal > Legal > Chinese law > Financial Law > Insurance Law
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