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A Comparative Study on the Duty of Disclosure of Insurance Law Between China and Japan

Author: MaXiLan
Tutor: LiWeiQun
School: East China University of Political Science
Course: Legal
Keywords: insurance contract duty of disclosure important issues the right to terminate a contract
CLC: D931.3
Type: Master's thesis
Year: 2010
Downloads: 244
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Abstract

The Duty of Disclosure is an ancient and important system on insurance law. It is directly related to two basic principles of insurance law. That is“the utmost good faith”principle and“consideration and balance”principle. In the Insurance Law it has a pivotal position. The improvement of the duty of disclosure has always been more concerned in the theoretical research of insurance contract law. It is an important topic in the process of insurance law. In the insurance business, a lot of unfair trade, dishonest behavior and the difficulty to claims in the China’s insurance market are mostly connected with the duty of disclosure. And in the field of judicial practice, insurer’s rejection of the claim or deceit by the insured is in the majority. In view of the importance of the duty of disclosure’s theory and practice, this thesis will analyze the duty of disclosure of insurance law between China and Japan, from the perspective of comparative law, and in the context of the revision of insurance law both China and Japan.The Author bases on the basic theory of the duty of insurance law’s concept and jurisprudence basis, Carries out detailed comparative analysis revolving around content modification, trend and the subject, method of performance, elements, important issues, the right to terminate a contract of the duty of insurance law.The thesis is consisted of four chapters. The first chapter analyzes the concept, the origin, and jurisprudence basis of the duty of insurance law by using the methods of historical research. And contrast with notification obligation, explanation duty and warranty of insurance law.The second chapter is the introduction of revision’s legislative background and contents. Wish to find differences between China and Japan’s insurance law by comparing the two legislative.The third chapter separately discusses constitutive requirements of the duty of insurance law. In this chapter, it carries out detailed comparative analysis revolving around the subject, method of performance, date of the obligations performed, and definition of important issues, subjective and objective elements, and legal consequences of the duty of insurance law. This chapter is the main chapter which plays an important role in comparative study. Based on the analysis in comparison of the duty of insurance law, the chapter will put forward my own views, and prepare for the suggestions of improvement in the forth chapter.On the basis of summarizing the previous three chapters, the forth chapter concerns about the suggestion of improvement, including the improvement of the subject, the regulation of insurance agents, the improvement of the disclosure, causation, the right to terminate a contract.

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