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Study on Liability Exemption of Insurer in Japan

Author: WangDanYang
Tutor: XuWeiDong
School: Jilin University
Course: Civil and Commercial Law
Keywords: Exclusion of liability of the insurer Moral hazard Gross negligence
CLC: DD912.28
Type: Master's thesis
Year: 2006
Downloads: 134
Quote: 0
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Abstract


Japanese Commercial Code 641 is a system requires exclusion of liability of the insurer concerned . Malice or gross negligence incurred by the insured or the insured person insured event , the insurer is exempted from liability. Around its theoretical basis and scope of Japanese insurance law experts and scholars focus of attention . The theory based on the general theory of liability is divided into contingency lack of achievement of the conditions , public and dangerous except . Its scope is divided into their own responsibility ' said the representative of the liability doctrine . Compared with our legal , similar to the role of the \The exclusion of liability insurance system for China 's insurance moral hazard prevention mechanism has a far-reaching impact and a positive reference .

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