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On the Explanation Obligation of the Insurer

Author: GuoLei
Tutor: HuaGuoQing
School: Anhui University
Course: Legal
Keywords: Insurers Description obligations Description scope of the obligations
CLC: D922.284
Type: Master's thesis
Year: 2011
Downloads: 79
Quote: 0
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Abstract

The modern sense of the insurance system originated in the 14th century, marine insurance, aimed at sharing the risk of maritime navigation eventuality. After hundreds of years of development, the insurance system gradually improve, has become the transfer, diversify market risk, to make up for digest the unexpected loss of an important social and economic system, controlling enterprise risk, to protect personal health, and property of individuals and families to maintain social stability and steady economic development, and plays an irreplaceable role. The development of China's insurance industry is lagging behind, the late start of the insurance legislation. In June 1995, the introduction of the Insurance Law of the People's Republic of China, to fill gaps in the legislative, laid the legal foundation for the development of China's insurance industry, standardize the behavior of the insurance industry, has played an important role in the protection of the interests of the insured. However, due to the shorter of the development of China's insurance industry, the law is more principle, lead to the insurance market in the process of rapid development, many non-standard, and are detrimental to the interests of consumers. In 2009, the Standing Committee of the National People's Congress of the third revision of the Insurance Law, although many aspects more substantial changes, but there are still many problems, such as insurers description system, there is this amendment of \The law is not clear, these criteria are not unified, more and more disputes, has seriously affected the healthy development of the trading order in the insurance market and the insurance industry as a whole. The theme of this study is to IAD. The article is divided into three parts: The first part is a general analysis of the IAD. This part of the system with the concept of the difference between Description Description obligation concept and characteristics and the insurer to insurer, such as the obligation to inform the distinction with policyholders and the distinction between obligations of notification to the insurer. Then, based on analysis of the theoretical basis of the IAD, the autonomy principle, the principle of utmost good faith and Consumer Protection. The second part is the description of the obligations of its problems in China's Insurance Law insured. The part of the main provisions of the obligation, and among them, the problems of China's insurance law. First of all, our insurance people illustrate human system of established process and history History; Secondly, our current \to fulfill the requirements. The third part of the insurer the obligation system improvement recommendations. According to the of insured obligations development in China the status quo and judicial practice, reasonable and operability perspective on how to improve our insured obligation to put forward some suggestions.

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