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On the Related System of Transarency under the German Insurance Contract Law

Author: ChenTong
Tutor: XuWeiDong
School: Jilin University
Course: Civil and Commercial Law
Keywords: Insurance Contract Transparency Policy Mode Information Provided and Advising Obligation Truthfully Inform Obligation
CLC: DD912.28
Type: Master's thesis
Year: 2011
Downloads: 97
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Abstract

German and China Insurance contracts legal system are both completed changes in near days. On November 29,2007, German federal government officially announced the new German insurance contract law, The new VVG came into effect on January 1,2008. Similarly, the insurance law of the People’s Republic of China announced in February 2009, and came into effect on October 1st.On insurence policy, the policy established for two kinds, a kind of new German insurance contract law prior to the implementation of the German insurance widespread use of the insurance policy mode, another mode for policy, also be invited model, also for the principle foe European Union by its definition of direct instructions,New German Insurance Contracts Act has amended the application form mode into invitation mode, It makes the formation process more transparent, and also conforms to consumer demand for the contents of the contract, consumers can be knowingly clearer, facilitate future contract performance.Information about the consultation suggestion obligation and inform obligation system, Germany is the EU’s country, for the German insurance law of duty in the European Union, and it’s also an important step because German insurance industry developed, though not expressly enumeration in law, but it has already accepted by German court, and applied in practice.Advice and information on the duty of disclosure obligations, Because Germany is the EU’s leading countries, the obligations of the German insurance law also be an important step in the EU, Although the 2009 changes in China’s insurance law provides that insurers need to fulfill the terms of duty, but does not specify the time and means to perform, This is not suitable for today’s situation, becauseFirst, insurance contract is not conducive to achieving transparent, for the content of the parties to the contract, only few people can have the expertise to understand clearly the case with more specialized term.Second, if the insured event occurs, is not conducive to proof, whether the insurer can prove how good description of the performance he has do for the obligations.Finally, the Insurance Law for the development of China’s insurance industry-oriented role for the description of that obligation make the insurance industry to be a better guide for the development of a sound mechanism.On truthfully inform system. Insurance contract is a contract of utmost good faith, to make the contract formation process transparent, need to policy-holder cooperate. Perform the obligations of making true representations way also have two kinds of choices, one kind is infinite told socialist, one kind is asking told socialist, limited told socialist is with the underwriter’s requirement policy-holder, asking for limited scope, truthfully inform the new WG revision process on the system for further extensions, use is limited, namely, written by the underwriter inform socialist set of written questions for answer, that development of the parties has protected the privacy, to a certain extent, avoid the practical operation of insurance mark the underwriter in unrelated problem asking, also facilitate future proof written for limit imputation clear, but also for the next tache for disobeyed inform obligation caused by the underwriter contract provides the right of revocation judgement basis.Aspects of the reform on the whole, life insurance can be refined as follows: First, to establish the distribution of insurance company insurers in liability reserves the right to return, which was the first time in history; Second, according to the policy liability reserve re- calculation of surrender gold. For the reform of the system, we should have an attitude of calm after the analysis of stock of the situation as I, because the German life insurance industry, but also because of the introduction of the policy has been a great influence.

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