Study On Issues Of The Life Insurance Contract

The life insurance is very important to improve people's living quality and to maintain the stability of the society. In developed countries, the life insurance is fairly advanced. Since the average amount of the life insurance premiums per person of the whole world exceeded that of the property insurance premiums in 1987, the life insurance has bloomed for almost 20 years until today. In China, the life insurance, which started relatively late but has reached a considerable scale, has become more and more important to improve people's living quality and to promote steady growth of Chinese economy.In the field of law, a law system has been built around the insurance law in China. However, because of the relatively late start-up , the weak basis and the lack of experience in life office, the legislations of insurance is sweeping and there are many disputes on law theories. The life insurance contract is the essential means to embody the life insurance institutions. The characteristics of life insurance such as fixed ration, long-term and deposit nature lead to kinds of distinctive institutions. Furthermore, the legal effect of the life insurance contract and its due performance guarantee the realization of the target of the institutions. In this paper, the effect of life insurance contract is held as the main clue. Questions about the validity and variations in the effect of the life insurance contract have been analyzed in detail. And a research has been given on some special institutions. The whole paper is divided into four parts.The first part is the research on whether the insurance interest is one of effective factors of the life insurance contract. At the beginning, a definition of insurance interests' connotation and extension is given. On the basis of it, there is a dissertation on the redefinition of insurance interest and the realization of abstract insurable interest in the life insurance contract.The second part is the discussion on some other effective factors of the lifeinsurance contract. It is believed in this paper that non-over-insurance, non-double -insurance and the payment of insurance premiums should not be taken as effective factors.The third part analyze one status that the validity of the life insurance contract has been changed, the suspend and restatement of the validity. The focus is placed on the properties, conditions and effects of restatement of the validity.The last part researches on another status of validity change of the life insurance contract, the effect perishes. Of this status, there are two issues mentioned. On legal conditions, the insurer bears no obligation. And if the applicant or the insured does not perform their obligation of making an honest disclosure, the insurer has the right to rescind the contract.