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Concerning the Inform Obligation Insurance

Author: WangLe
Tutor: DingYuJuan
School: Jilin University of Finance and Economics
Course: Civil and Commercial Law
Keywords: Inform Obligation Insurance Law Insurance Contract
CLC: D922.284
Type: Master's thesis
Year: 2010
Downloads: 131
Quote: 0
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Abstract

As the saying goes, "Accidents will happen, people have always happens," we human beings live in the frequent disasters on earth, naturally have to withstand the test of many emergencies. From the United States, "September 11" incident to the China earthquake, China in 1998 from the great flood to drought in China in 2009, without exception, to our great loss to humanity. For thousands of years, we humans have been with them can bring us harm incidents for the tenacious struggle, in this process, we invented a lot of human beings to the loss of transfer and dispersion system, and its most efficient, most general, the system is the most advantageous insurance system.Since 1980 to restore the insurance industry in China since China’s insurance industry under the market economy, a huge push has been made in development, especially after China’s accession to WTO, China’s insurance industry is springing up like grow up and go deep into social life every corner of their production and living not only become a necessity, have become an important part of our national economy. However, because of China’s insurance industry rather late, the relevant system is not yet complete, so in actual operation there are many problems, caused many disputes.Insurance system is based on human mutual aid, relying on the transfer of risk and can effectively reduce the loss becomes the People’s Daily life and work in the optimal choice. However in the subject-matter insured is often the control of the subject-matter insured, therefore the master of information, rely mainly on the applicant, once told not to risk insured will affect the evaluation, which brings to insurance.Our duty of disclosure actually imported goods, the actual from the British marine insurance, which first appeared in Britain in 1906, "Marine Insurance Law", literally translated as "revealing" or "disclosure." Generally, this obligation is contracted parties, in contracts for insurance, the insured the insurer shall truthfully disclose the subject of insurance-related, could affect whether insurers should cover or increase the premium of the important information. So we can see that the obligations of the insured in the "Insurance Law" has played a decisive role, is the "Insurance Law" on the price balance principle, the principle of equity and efficiency and a concrete manifestation of the principle of utmost good faith.Based on the importance of insurance, inform obligation imposed the truthfully inform the applicant contractors. From the theoretical basis of inform obligation system and development process of profound analysis of the main contents of inform obligation system, analyzed the violation and inform obligation system, so as to inform obligation to remedy system consummation puts forward personal opinions.

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