Parties To The Insurer Describes The Obligations Of The System

Insurance is a system based on the spirit of good faith and mutuality to compensate the individuals'for the loss occurred to them with all the other members'help of the risk community.And to found the risk community by making specific insurance contracts is the key technique to make the system work.Thus,contracts have become the important means to realize the aim of insurance.It's well-known that freedom of contract is the basic principle of marketing,but in terms of insurance transaction,which is full of humanity,some restrictions must be made on the freedom of contract in order to maintain fair dealing.The system of insurer's duty of disclosure is just the legal safeguard to reach the goal of fair dealing in insurance dealing.This thesis tries to establish a systematic frame of analyzing insurer's duty of disclosure as a whole by means of comparative law,hermeneutic of law,investigation study of cases and value analysis.The thesis also tries to give resolutions to these important issues:what's the justification of insurer's duty of disclosure?how is the state of its existence and development?what's its structure arrangement and how to decide the extent of the disclosure?and how to regulate insurer's breach of the duty of disclosure?On the base of thorough and systematic study of these issues,the thesis has affirmed the significance of the system and puts forward some suggestions on how to establish the rules of insurer's duty of disclosure in detail.Chapter I,Introduction of the thesis,gives a brief introduction to the theme and its motive,the intention and methods of the research.Chapter II,The Basis of Justification of Insurer's Duty of Disclosure,mainly discusses the theoretic foundation of insurer's duty of disclosure in contract making,and the contents includes theories of consumers'protection,adhesion contracts,principle of good faith and collateral duty,including the analysis of the significance,the nature,the evolution and the state of the above theories,and by means of which to disclose the cause of the rationality and necessity of the insurer's duty of disclosure.Chapter III,Comments on Foreign Laws and Theories on Insurer's Duty of Disclosure,focusing on the introduction to laws related to insurer's duty of disclosure and the analysis to its theories, makes a survey of the laws regulating insurer's duty of disclosure in Germany,France and Japan as well as America's"Doctrine of Reasonable Expectation",and comes to the conclusion that insurer's duty of disclosure is"pre-regulating mechanism"and"Doctrine of Reasonable Expectation"is"post regulating mechanism".The thesis gives an analysis to the different functions of the two mechanisms and also points out the significance of reference to Jananese insurance law on insurer's duty of disclosure about"Material Facts".Chapter IV,China's Regulation on Insurer's Duty of Disclosure and Its Application,gives a complete introduction to legislations,judicial interpretation,concerned authoritative organizations'interpretations and practical opinions on insurer's duty of disclosure,and gives a summary and analysis to the problems arise in the performance of insurer's duty of disclosure by making a comparasion of such regulations and theories in Taiwan district with which in the Mainland.Chapter V,Parse of Basic Category of Insurer's Duty of Disclosure,makes a thorough parse of Insurer's Duty of Disclosure and puts forward an estimative standard of the extent of insurer's disclosure and instructions of disclosure according to the situation that maneuverable regulations are needed in insurer's duty of disclosure and suggests an extent of disclosure determined by Material Facts in respect of the extent of insurer's disclosure.Chapter VI,Breach of Insurer's Duty of Disclosure and Its legal Results,according to the situation where regulations are needed of inurer's breach of duty of disclosure,the thesis makes a complete research on the exact samples of insurer's breach of duty of disclosure and their estimative standard and classify insurance contracts into type of indemnity and type of investment.At last the thesis gives a constructive resolution to the problems acoording to the legal results of the above two types of breach of duty of disclosure.Chapter VII,Conclusion and Suggestion,gives a summary of the opinions in the thesis and makes a legal draft of insurer's duty of disclosure for legislator to make reference to.