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Study on the "Warranty" System in the Insurance Act

Author: YinJiDong
Tutor: ZouYuan
School: Guizhou University
Course: Legal
Keywords: Honesty Utmost Good Faith Assurance system Problems in Suggestions for Improvement
CLC: D922.284
Type: Master's thesis
Year: 2009
Downloads: 23
Quote: 0
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Abstract


Assurance system in the insurance law is a common law system , which is considered one of the important content of the principle of utmost good faith in insurance contracts . The system requires the insured committed to certain matters as insurance period or omissions , or confirm or deny the existence of certain facts specific situation . The initial assurance system aimed at controlling the risk of insurance guarantee system is considered to be one of the important content of the principle of utmost good faith in insurance contracts , is of great significance . For a single insurance contract , the guarantee can be adhered to ensure good management of the subject matter insured , the insured or the insured person without the consent of the insurer shall not carry out certain risky activities , thereby reducing the risk of moral hazard , enhanced management insurance of the insured the subject of responsibility . For the insurance industry as a whole , if the insured does not strictly comply with the guarantee , it will cause insurers estimated on the the insurance subject of risk untrue cause the accumulation of social insurance fund is insufficient , resulting in the improvement of the premium rate increase other honest insured burden , and ultimately affect the solvency of insurers , resulting in adverse development of the insurance industry as a whole . Our current insurance law \China 's insurance practice to ensure that the terms and conditions of use is also very frequent . However , because of the lack of a sound and scientific insurance guarantee system , the moral hazard in the insurance business in China . Therefore, to build China 's insurance guarantee system still has theoretical and practical significance . The first part describes the development of the principle of good faith in insurance law , insurance Utmost Good Faith gave birth to the insurance guarantee , the argument to ensure the existence of the theoretical basis . The second part starting from the meaning of the insurance guarantees , insurance guarantees with special legal characteristics , defined by comparison of insurance guarantees and other related systems . The third part introduces the problem of the use and existence of insurance guarantees for analysis . The fourth part of the problems of the third part , a complete set of recommendations of the insurance guarantee system in China , in order to further improve the Insurance Act, the principle of utmost good faith .

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