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Study on the Rescission of Insurance Contract of China

Author: LiAiPing
Tutor: LiuLiPing
School: Shanxi University
Course: Civil and Commercial Law
Keywords: Insurance contract Convention lifted Statutory Dissolution Retroactive effect
CLC: D922.284
Type: Master's thesis
Year: 2009
Downloads: 77
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Abstract

The insurance contract is terminated and the system is a core issue in the insurance contract system is directly related to the vital interests of the contracting parties. Particularity and complexity characteristics lifting the effectiveness the insurance termination of the contract and general contract lift compared with a tilt of the right to rescind the allocation of Cancellation. China's Insurance Law, \Insurance practice and judicial practice, there are many practical problems to settle the insurance contract, and affect the balance of interests of the parties and the healthy development of the insurance industry. The purpose of this study is to further improve China's insurance contract is terminated and the system theory, including two aspects: on the one hand, to regulate the exercise of the right to terminate the contract of insurance, safeguard the legitimate rights and interests of the insured party; other hand regulate the exercise of policy holders right to terminate the contract , so as to safeguard the legitimate interests of the insured. I also carefully written before the one hand, the content, because China's insurance contract is terminated and the major defects of the system is the insurer's right to terminate the contract provisions too lenient. According to ask questions, analyze problems, problem-solving ideas, starting from the actual problem is reviewed on the basis of the analysis of the current law, the different perspectives of academia, and use of the comparative study, the empirical analysis methods, learn from the advanced experience of foreign legislation, combined with China's actual situation and suggestion to solve the problem. The basic content of the article: the first part of the insurance contract lifted system overview \defects, and thus China's insurance system of the termination of the contract to build the starting point. Reason to Hinder the second part of the right to terminate the contract of insurance the exercise, the exercise of the right to rescind from the insurance contract conditions, the exercise and the exercise of the three aspects of the study and discussion of the theoretical and extraterritorial insurance contract is terminated and the system of Comparative Law analysis, and on this basis to perfect our laws to put forward their own views and reasons. Carefully dissect the different perspectives of the third part of \range defined, the paper argues that the scope of the damages should be limited to the interests in the trust. Part IV \The author proposed the following five aspects of the proposal on the Improvement of the insurance system of the termination of the contract: first, strengthening to ensure that the terms of the regulation; policyholders to terminate the contract of restrictions; Third, clearly defined the insurer the right to rescind the exercise period; Fourth, the increase in the provisions of the waiver and estoppel; fifth unified insurers statutory right to rescind the exercise have retroactive effect.

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