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A Research on Informing Duty of Insurance Law

Author: WangSaiWu
Tutor: ZhengYunRui
School: East China University of Political Science
Course: Legal
Keywords: Insurance Contract Informing Duty Violation Arming
CLC: D922.284
Type: Master's thesis
Year: 2010
Downloads: 229
Quote: 1
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Abstract

China’s Insurance Law was officially implemented on 1st October 2009, since it had been revised for the third time that year. During this revision, the informing duty of insurance applicants had been greatly improved. For instance, it made explicit that insurance applicants are responsible for the results of contract arming by insurers only if they violate the informing duty due to deliberate malignancy or gross faults, which excluded minor faults, protected the interests of applicants, and to some extent, improved the unbalanced situation of right-duty between insurers and the insured. However, the third revision didn’t resolve the contradiction of right-duty’s unbalance between insurers and applicants.Compared to other contracts, insurance contract depends more on honesty-credit principle.Embodied directly in insurance law, it requires the insured perform informing duty strictly. But the boundaries of the informing duty is not definitely set bay statute, on the contrary, informing duty in fact is always turned as a device for insurers to encroach on the insured, which led to continual disputes. Therefore, this thesis, based upon honesty-credit principle and right-duty balance between insurers and the insured, made an analysis of each element of informing duty in order to provide some practical suggestions for further perfection of future insurance law.This dissertation is composed of three parts, introduction, main body and conclusion.For the introduction part, background, objective and significance related to title-electing are presented.Main body of this article includes the following four sections.The first section introduces the origin and nature of informing duty. The second section gives a clear definition of litigant, which holds the opinion that insurers and the insured pertain to the subject of informing duty, on the other side, insurers, employees who are engaged in insurance business and insurance agent should be conducted as the recipients of informing duty.The third section elaborates on fulfilment of informing duty. By means of interpreting time, range and way of informing duty during the fulfilment, this section distinctly states how to strike a balance of right and duty between insurers and the insured via substantive and procedural norms in the process of performing informing duty.The fourth section mainly describes legal constituents for breach of informing duty and the associated legal consequences.The last part is a conclusion of this thesis.According to a summary of analysis and viewpoint above, the author brings forward his personal perspective in terms of regulations of informing duty in China.

A Research on Informing Duty of Insurance Law

Abstract

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