The Research On The Obligation Of The Applicant's Disclosure Of Insurance

The obligation of disclosure of insurance contracts contains the obligation of the insurer's explaination and the obligation of the applicant's disclosure.The obligation of disclosure is always main cause of the dispute over the insurance contract.It is the basic guarantee to protect the legitimate rights and interests of the parties involved to understand the meaning of the obligation of disclosure correctly and perform the obligation of disclosure correctly.Based on the principles of comparison,the author researches on the appliant's obligation of disclosure , firstly elaborates in detail the law theories on the obligation of disclosure of the ins. contract, then simply analyses several countries' law principle on the the obligation of disclosure of the ins. contract,thirdly elaborates the meaning of the disclosure' obligation of China Ins.Law,at last in relation to the reality,the author put some opinions to perfect the obligation of disclosure of China Ins. Law. The article contains four sections.The first part explores theoretically the principal rules of the Applicant's obligation of disclosure,including the theory of law and factors of the obligation of disclosure,the character of applicant's obligation of disclosure,the applicant's misrepresentation . The factors of the obligation of disclosure include teller,period,method and scope. The character of applicant's obligation of disclosure is one obligation prior to contract's conclusion and not the contract's obligation. The applicant's misrepresentation includes the factor and the result of misrepresentation, the standard of importantance.The second part instances and analyses simply the obligation of disclosure of German,Swiss,France,England,Japan and J.S of U.S Ins. Law.The third part analyses the rule on the teller of disclosure,period,method,content of disclosure and the result of misrepresentation of China Ins. Law.Finally,in relation to the reality ,the article thinks on the teller and period of disclosure,incontestable clause in civil law,and puts these opinions to perfect the obligation of disclosure of China Ins. Law,the teller shall contain the applicant and the insurer,the period shall contain before contract's conclusion and reinstating,the rule shall contain incontestable clause.