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The System on the Disclosure Duty

Author: ZhangHuaiQin
Tutor: ShiHuiRong
School: Southwest University of Political Science
Course: Legal
Keywords: Insurance Law Obligation to inform Legal consequences
CLC: D922.284
Type: Master's thesis
Year: 2010
Downloads: 123
Quote: 0
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Abstract

The obligation to inform policyholders must be notified to the insurer and the insurer, before the contract is signed, of which he is aware of, relating to the subject matter of the insurance, the insurer decides whether insured or covered important matters which rates . Significant insurer through the notification obligation to fulfill the main fulfill the obligation of the relevant information to understand the subject matter insured or the insured, in order to determine whether the underwriting or underwriting which premium rates, therefore, the obligation to inform the principal to fulfill this obligation on the insurer . In this paper, through informed analysis of the system of obligations, insurance law, combined with a typical case of the shortcomings of the system in practice and to make a few specific recommendations to the system in the future can be more perfect. The aim of the study is that the duty of disclosure by the analysis of the system to effectively strengthen the protection of the legitimate rights and interests of the parties to the insurance contract, the greatest efforts to prevent the emergence of insurance fraud, in order to facilitate the healthy development of China's insurance market. This paper is divided into four parts: The first part of the Insurance Act to inform the Duty of the prerequisite inform obligations connotation informed of the nature of the obligation to do the detailed description, and lay a solid theoretical foundation for the the below concrete analysis of the duty of disclosure. The second part on the basis of the first part, the specific combination of a typical case of the main body of the duty of disclosure, the obligation to inform the implementation of the obligations of the way and inform explore. Then put forward in the life insurance, the fulfillment of the obligation to inform the subject should include policyholders and the insured; property insurance, the insurer and the insured is not the same person, even if they are known to the insurer of insurance contracts entered into and subject matter of the insurance nor should assume truthfully inform obligations; inform the way to take ask to exist infinitely expanding inform the scope of response to inform the scope for specific and detailed provisions perspective 'in the practical application. The third part of the constituent elements of the breach of this obligation, the legal consequences of the breach of this obligation, non-defense rules, estoppel rules as well as the obligation to inform the exempt issues discussed. And based on non-defense rules applicable conditions should further improve and increase the exempt obligation to inform the insurer has knowledge matters, matters of insurance known according to common sense and the insurer statement without informed of matters as the notification obligation to fulfill the main free from inform matters. The fourth part of the duty of disclosure in practice operations to make a few concrete suggestions for improvement.

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