Breach Of The Obligation To Inform Truthfully Insurance Law Studies

The duty of disclosure is a traditional and unique system in insurance law. Reasonable perfect the duty of disclosure system is beneficial to the healthy development of insurance industry, through national legislation example, the duty of disclosure is formulated as a legal obligation. Earliest in our country "insurance law" article17will be truthfully inform obligation system included to make the rules. But with the rapid development of social economy and insurance, the insurance law in our country about truthfully inform obligation stipulated by the drawbacks are also increasingly prominent. The insurance law was revised in2002in China, further perfecting the system of truthfully inform obligation, but the truthfully inform obligation system still exist a lot of loopholes. This is a stumbling block on the road of development in the insurance industry. So it is necessary for insurance practice of violation of truthfully inform obligation arising from the case analysis, to explore research truthfully inform obligation system, to improve the system of insurance law in our country about truthfully inform obligation to reduce and avoid this fight v., simulative insurance health development at a high speed. This paper tries to draw lessons from foreign advanced legislation and academic point of view, using comparative analysis, case analysis research methods, such as the obligation to truthfully inform the violation, and proposed to our country "insurance law" article16comments and amendments. This paper is divided into three chapters: The first chapter mainly expounds the meaning, function and basic composition of the duty of disclosure. The duty of disclosure is conclude when insurance contract, the insured shall be related to the subject-matter of the important comprehensive, real and objective to inform an underwriter, shall not hide or intentionally don’t answer, also shall not be fabricated false information to deceive the insurer’s obligation. Truthfully inform obligation function is to provide reliable risk underwriter accurately estimates of important information. Truthfully inform obligation related to inform obligation, the performance period, inform the way ground, told scope, relief, and other aspects, each aspect has shortcomings, which are expounded.The second chapter mainly elaborates is truthfully inform obligation violation. Truthfully inform obligation should satisfy both subjective factor and objective factor. Subjective requirements faithfully inform obligation psychology is insured against intentional misconduct or gross negligence, objectively by the insured, concealment or falsely told that their knows or should know enough to affect the important items of the insured risk assessment. This important fact and there is a cause and effect between the happening of insurance accident Relationship, there are several theories. The provisions of the insurance law in our country have should be improved.The third chapter mainly discusses the legal consequence of breach faithfully inform the termination right exercise. This chapter focuses on the nature and effectiveness of the termination right, the difference between the termination right here with the termination right, and cancellation right in the general law of contract, and discusses the special legal consequences of the termination right. And to our country "insurance law" article16, in violation of the provisions of the truthfully inform obligation to the legal consequences of giving advice. In this chapter, finally discusses the deterrent for exercising termination right. For each stop reason after the applicable conditions and applicable effects were described in detail.