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Discusstion of Terms of Non-defense in New Insurance Law

Author: WangLinZi
Tutor: LiWeiQun
School: East China University of Political Science
Course: Economic Law
Keywords: Insurance Law Non - defense Terms
CLC: D922.284
Type: Master's thesis
Year: 2011
Downloads: 307
Quote: 0
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Abstract

Insurance Act, as well as non-defense provisions of the history of the origin and development of speech as a starting the legislative analysis carried out on non-defense Terms and depth, comprehensive introduction from the legal principle of non-defense Terms and from an empirical perspective. The practical effect of non-defense provisions of a preliminary investigation. Body, in addition to the introduction, is divided into five chapters. Introduction part of the historical background to clarify that the study of this subject, as well as the purpose and significance of the research. The first chapter is the introduction of non-defense Terms. This chapter general description of the content and meaning of the non-defense Terms and formed from the rules of history, review the terms of the nature of the evolution of the origins and development of the non-defense Terms. Pointed out that the non-defense provisions are not truthfully inform the insured when the life insurance contract, the application of a special insurance policy defense rules, and its purpose is to prohibit the dispute conceal and falsely accused of the life insurance policy on the effectiveness of existing single insured. Can not be a defense terms and warranties and the obligation to inform has close historical association. Now, not a defense in terms not just insurance contracts Special terms and conditions, but rose to the height of the universal and mandatory legal norms, has evolved from the agreed terms and conditions to the statutory provisions. The second chapter is to introduce non-defense provisions of the history. The author first introduces worldwide origins of life insurance, re-introduced the extraterritorial origins of non-defense provisions, focusing on selected four representative countries: the United Kingdom, the United States, Germany, Japan. The emergence and development of life insurance and non-defense provisions in several typical countries. Followed by successive introduction of the generation and development of China's life insurance, which contains the seeds of ancient China Life Insurance, China's Modern Life Insurance formation created with a re-run of the founding of New China Life Insurance, the recovery of China's life insurance in 1999, 1979 and development, the rapid development of the new century, China Life Insurance. This chapter focuses on the historical process of the life insurance do a simple comb and summary, the introduction of non-defense Terms historical background, national legislative purpose. The third chapter describes the principle of non-defense to the terms of our legislative process. This chapter provides a brief analysis of the theoretical basis of non-defense Terms. Focuses on the final choice of the legislative process of China's Insurance Law, as well as non-defense provisions of the legislation, our country can not be a defense to the terms of the introduction of the historical background and the legislative process, the legislation before theorists controversial legislative changes as well as China's Insurance Law. These help us further understand the terms of non-defense. Fourth chapter of the new insurance law in China can not be a defense in terms of Exploration. This chapter focuses on the interpretation of insurance contracts in the non-defense Terms and simple comparison of non-defense the Terms and foreign insurance contract can not be a defense in the difference between the terms. Addition, from an empirical point of view, the author examines the new insurance law \defense system of assessment, summarize the progress and shortcomings, given the reform views. The fifth chapter is the last point of this article summarized.

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