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New Rules of Germany Private Health Insurance

Author: SunJiCai
Tutor: YiJiMing
School: Huazhong University of Science and Technology
Course: Civil and Commercial Law
Keywords: Insurance Contract Law Private Health Insurance Basic rate Compulsory contracting Insurance obligation Commercial Health -Insurance
CLC: DD912.28
Type: Master's thesis
Year: 2011
Downloads: 23
Quote: 0
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Abstract

In 2008, Chinese Insurance Law underwent its second revision, and the reformation of Germany Insurance Contract Act was in full swing in that year. As one of the most mature markets in the world, Germany insurance market has authoritative weight in legislation of insurance of world insurance. The two reformations of Private Health Insurance Law on January 1, 2008 and January 1, 2009 have immense significance in the world.The new Private Health Insurance Law offers insurance cover for all residents; moreover a new term, basic rate, occurs in it. According to above, the content of two reformations will be introduced in introduction and chapter one.Part two highlights insurance obligation in details. In the article 193 of Germany Insurance Contract Act, Germany residents are entitled to comprehensive insurance obligation, which is interacting with miscellaneous stipulations as the core stipulation so as to guarantee the minimum insurance protection.Compulsory contracting will be mainly discussed in part three. Insurer’s compulsory contracting is a necessary supplementary of insurance obligation. The insurer is in duty bound to ensure each insurance contract is in the range of basic rate in principle; moreover this core stipulation is improved by a series of stipulations, especially by the stipulation of insurer’s right to terminate the contract (paragraph 6 of article 192 and the first sentence of paragraph 1 of article 206 in Insurance Contract Act).The third significant innovation of Insurance Contract Act is the item 2of the first sentence in article 204, paragraph 1 which brings the change of Insurance Reserves for old people and the change of insurance. Besides, there are many modifications in it, such as the right of continuing to implement canceled contract in the form of alternate insurance is provided by article 204, paragraph 3. The part four can be reference about this topic.Part five is the high point of this article in which the viewpoint of Constitution Studies is introduced to analyze the innovation of Insurance Contract Act and taking some representative scholars’views as clue in analysis. The following part emphasizes the importance of Commercial Health Insurance and proposes some measures on how to develop it under China’s current national conditions.

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