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Insurance obligation to inform research

Author: DaiYun
Tutor: YangHua
School: Changchun University of
Course: Civil and Commercial Law
Keywords: Insurance obligation to inform Theoretical basis Questions of implementation Restrictive measures
CLC: D922.284
Type: Master's thesis
Year: 2010
Downloads: 88
Quote: 0
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Abstract

Insurance obligation to inform originated the on early marine insurance, as a special obligation to the insurance contract law, it is directly related to the interests of the insurance parties and dangerous Community, has an important position in the Insurance Act. The obligations of countries regarded as an important system to be laid down. China's Insurance Law will also inform obligations as a statutory obligation to regulate, but our insurance law in the discharge of the obligation to inform the main period for fulfillment of the obligation to inform the method of execution, the insured after the breach of the obligation to inform the cancellation of the insurance contract, the right to terminate Scheduled period and other issues under the less than perfect in the last year, the Insurance Act to modify the release of the insurance contract, new models of non-defense; the statutory insurer's contractual right to terminate made limited. Notification obligation remains to be further specification of the law, this article useful perspective by drawing on advanced foreign legislation and academia, the use of comparative analysis and other research methods to perish described on the basic theory of the duty of disclosure and related legal issues, and proposed improve China's insurance recommendations of the duty of disclosure. This article is divided into five parts: First, the obligation to inform the conceptual analysis, including the origins of the obligation to inform and define the nature of the obligation to inform the concept of the obligation to inform the difference with other concepts in the Insurance Act, as well as the obligation to inform the Civil and Commercial Law The basic theory, the analysis pointed out that the obligation of disclosure should be made truly obligations. Second, the theoretical basis of obligation to inform analysis introduction of a variety of different doctrines: shoot Fortunately contract said, warranties, said maximum good faith said, the mean aggregate caused by say, dangerous estimated that this article considered dangerous estimated said out of the essential features of the insurance, therefore The risk estimates that should obligation to inform the theoretical basis for the insurance. Third, the obligation to inform the question of implementation research, focusing on insurance fulfillment of the obligations of the subject, the time of performance, to fulfill a method of execution, and except for analysis of the rules, pointed out that China's insurance obligation to inform the subject in addition to the insured, should also include the insured person; The performance period, including not only the time of the conclusion of the insurance contract should also include complex about the time of the insurance contract lapses and renew the insurance contract. The method of execution should be asked to inform other than rules, including matters and insurance of the insured does not ask of you already know or should have known of the matter. Breach of the obligation to inform as well as the legal consequences of the breach of the obligation to inform the subjective elements and objective elements, the legal consequences of breach of the duty of disclosure. Fifth, the new insurance law is not a defense, abstained ban estoppel assessment, pointed out the problems that may exist in the application of proposed legislation to further improve.

Insurance obligation to inform research

Abstract

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