Research On The Duty Of Disclosure System In Insurance Law

The duty of disclosure, as a unique system in insurance law, is the foundation of the insurance industry that works reasonably. Without the building of the reasonable and scientific the duty of disclosure, it is impossible that the insurance industry manages steadily and develops orderly. But at the same time, this system also is the problem that has the dispute and is difficultly grasped by the person in the solid service and the fundamental research dispute very. Therefore, this paper carries on the elaboration in light of this.First chapter, to limit the definition of disclosure and the basis of it is based on analyzing its origins. The particularity of insurance industry has decided the insurer must rely on the fact or the information which the insured informs to decide insures or insures by what kind of condition, which decides the uniqueness of the duty of disclosure in the insurance law; Its origin might trace the ancient times marine insurance; the related system in the duty of disclosure and the insurance law both have the relation and to difference. The duty of disclosure although is in the name of the voluntary, said from the nature, it is one kind of indirect duty, namely untrue duty; the basis which the duty of disclosure produces comes from both the factor in legal and not to be impossible to abandon the consideration in the economical.Second chapter, this chapter mainly analyzes the basic category of the duty of disclosure system . This chapter has carried on the beneficial discussion on the disputed questions which are raised by actualizing in judicatory and the basic category or the concrete rule, including the main body who fulfills the duty, the relative person, the time, the way, the scope and the content of fulfilling the duty At the same time, the author proposes his own opinion on this foundation.Third chapter, the chapter analyzes the constitution important document which violates the duty of the disclosure, as well as the legal consequence which produces from this. Violating the duty of disclose must simultaneously have subjective and the objective important document; the legal consequences which are caused by violatingthe duty of disclose mainly lie in causing the insurer to obtain the power to relieve the insurance contract to; Therefore, after informing the volunteer who has violated the duty, the insurer how to use the power to relieve the contract is the focal point; also is key question discussed in this chapter.Forth chapter, As a conclusion of the essay, based on the discussion above, this chapter makes a self-criticism about the ordinance of the duty in insurance law and proposes the opinion about how to perfect the system in future.