The Utmost Good-Faith's Research Of Insurance Contract

The meaning of insurance is to gather everyone's strength setting up a risk common group. When members encounter damage and causes them need some compensation, insurance will provide the financial assistance to share risk and to eliminate loss. That is to say, the major function of insurance system is risk sharing and loss covering. Also, due to this two functions, risk sharing and loss covering, the insurance system has bonded tightly with the economical function to the whole society and nation. The characteristics also shown up the insurance law attaches high importance to the law system. If the stipulation of insurance law is not complete enough, the functions of insurance can't be performed perfectly. Thus, the pace of economical development socially and nationally will be affected to stop.Since the reforming and opening up of the MainLand China, the civil activities such as, agriculture, industry and commerce and so on, grows up gratefully. The insurance, as an essential part of financial system, develops speedily. Meanwhile, insurance provides necessary assistance to social security and permanent stability. Till nowadays, the mainland China has joined into the World Trade Organization (WTO). In the prospective future, our insurance will face such condition-the insurance enterprise worldwide with its'excellent managing capability and enormous capital enter China's insurance market. This is a tough challenge to our own insurance industry. So what we have to do now is to speed up the progress of our managing and marketing skill. Except this, to educate correct insurance concept to all civics here is a must and can't be hesitated any longer. The utmost good-faith of insurance contract discussing in this dissertation comes from the basic principle of insurance law which was established by British Supreme Court while dealing the Carter v. Boehm's case in 1776. The principle had been imitated and adopted by many other nations worldwide afterward and became one of the common guided rules to the insurance law worldwide. The only one new adding code in our insurance law is the article 5 which is amended and passed on October 28th, 2002. From this example, we can see how important the utmost good-faith principle is.In the sequence the whole dissertation, after the 1st chapter, Introduction, the 2nd chapter explains some legal and historical research about the insurance contract to dissert the insurance contract's particularity comparing with the common civil contract. It also explains the connection between bona fides principle. The 3rd chapter discusses the central section of utmost good-faith, truly disclosure obligation which is before the contract establishing. The 4th chapter disserts risk increasing notifying obligation after the contract setting up and before the damage occurring to insured. It also explains the informing obligation while damage occurring, the notifying and explaining of relational data and other obligation such as preventing and reducing the degree of damage. When we have a clear comprehension of utmost good-faith to insurance contract, the 6th chapter will introduce the accessorial system relating with utmost good-faith principle in insurance law such as the prohibition of over-insurance and bad-faith double insurance, the concept of insurance subrogation in order to discuss completely about this subject and to avoid missing the important part. Finally, the 7th Chapter makes a general conclusion about all the previous chapters. It also comes up with some of my personal suggestion and expectation to the future development of insurance law of mainland China.