Dissertation > Excellent graduate degree dissertation topics show

Research on Incontestable Clause in Insurance Law

Author: ZhuYin
Tutor: HuaGuoQing; JiangMin
School: Anhui University
Course: Legal
Keywords: Incontestable Clause the right to rescind a contract exceptions
CLC: D922.284
Type: Master's thesis
Year: 2012
Downloads: 197
Quote: 0
Read: Download Dissertation

Abstract


The incontestable clause, which arisen100years ago, does not have a long history. But increasingly it occupied an ignored role in insurance laws of many countries. The incontestable clause aimed at the balance of rights and obligations of both parties of the insurance contract by restricting the right to terminate a contract. Insurance Law which was revised in2009also stipulated the incontestable clause, aimed at protecting the interests of the insurer. But in China, the theory study of the incontestable clause is few, and the problems of the insurance industry were complex. All of these made the practical application of the incontestable clause was not as well as expected. Under this background, the theory and application of the incontestable clause was the emphasis of this paper.This paper was divided into four chapters. The first chapter elaborated the meaning of the incontestable clause. In this chapter, I analyzed the legislative purpose and value of the terms by reviewing the history of its development, which was theoretical basis for this paper. The second chapter introduced the status and exceptions of the incontestable clause in other countries. Through comprehending the legislation situation of the incontestable clause in developed insurance industries, especially through summarizing the exception applicable of the incontestable clause, we could further understand the value of the incontestable clause existence. The third chapter, combining the theory analysis, pointed out the deficiency of its essence and the application form, as well as the realistic problems of the application. We recognized that we had a long way to complete a set of the incontestable clause system in China clearly. We should learn from foreign advanced experience, meanwhile make the corresponding adjustment combined with national conditions, so that the terms could play an important role in practice. The last chapter of the paper was my personal suggestions and views to complete the incontestable clause in China on the basis of the theory. I wished it could be helpful to the development of the insurance industry healthily and orderly.

Related Dissertations

  1. On the Incontestable Clause in Our Country’s Insurance Law,D922.284
  2. First Person Plural "We" in Uyghur and Chinese,H215
  3. Research on the Appraisal Right of Dissenters,D922.291.91
  4. An Analysis of the Border Carbon Adjustrent in the Framework of the WTO,D996.1
  5. On the principle of insurable interest exception applies,D922.284
  6. Research on Incontestable Clause in Contract of Insurance of the Person,D922.284
  7. Discussion of the Principle of Utmost Good Faith of Insurance Contract,D922.284
  8. Contemporary criminal law strict liability system,D924
  9. Interview Survey Method Design for Supply Chain Exception Event Management Behavior,F274
  10. International Standard of Copyright Limitations and Exceptions Application,D997.1
  11. Research on the Hearsay Rule,D925.2
  12. Insurance Laws an Incontestable Clause Exception Case Study,D922.284
  13. A Study of the Government’s Information Sharing and Exemption System,D922.1
  14. A Study on Application of Autonomy of Will in International Employment Contract,D997
  15. Research on Anti-Monopoly Law Regulation of Vertical Restraints of Competition,D922.294
  16. Establishment of the System of the daily housework agent Discussion,D923.9
  17. A Research on Instrumental Value of WTO Exceptional Clauses,D996.1
  18. Informed Consent and Exceptions on the Legal Relationship of Physician-patient,D923
  19. The Analysis and Measures to the Environmental Trade Barriers,D996.1
  20. The Economic Effects of China’s One-Child Policy,C924.2
  21. Chinese urban residents consumption volatility and consumption risk,F126

CLC: > Political, legal > Legal > Chinese law > Financial Law > Insurance Law
© 2012 www.DissertationTopic.Net  Mobile