Research On The Duty Of Loss Notice

In order to enable the insurer to control risks, prevent or reduce harm, generally the law of insurance is divided into three stages to stipulate that the insurance applicant, the insurer or the beneficiary must fulfill some specific duties. For example, before the insurance contract was established, they must fulfill correspondingly the duty of notice. After the contract was established while the insurance risk didn't occur, the insurance applicant or the insured has the duty of notice of increasing danger. And loss notice aims at the situation that the insurance accident occurred. Accidents refer to the dangerous ones which the insurance contracts were agreed. Loss notice refers to the behavior which the insured promptly notifies to the insurer after the insurance risk occurs. This article discusses with eight chapters some disputes which in loss notice exist, and some suggestions are given.The first chapter draws out the subject of this article through three illustrative cases of the law of insurance as well as the present research situation and the research significance. The thorough analysis to these cases is helpful for us to understand and grasp the loss notice well.The second chapter relates and analyzes necessity of loss notice mainly from the legal principle theory of law, the insurance study and the principle of the law of insurance.The third chapter analyzes the nature of the insurance risk and the condition limits of loss notice. Only the insurance risk is defined clearly, we can understand and grasp it further.The fourth chapter analyzes the legal nature of loss notice, the constitutive requirements of loss notice and the exemption of the duty. The discussion about the legal nature of loss notice can provide some solutions to the questions helpfully. The constitutive requirements of loss notice are the main part of this article, including the subject, the way of informing, the period and the content. In it case analysis is aimed at some questions. And with respect to the exemption of the duty, some advices are proposed. By comparison and analysis to our new and old insurance law, the author thinks that the insurance law or contract should be stipulated with more detailed spots about the exemption of the duty.The fifth chapter is about legal consequences of the breach of the duty of loss notice, which this article discusses emphatically. Because only its consequences are defined clearly, we can understand its legislative purposes better. This part also proposes the suggestions that consummate the insurance law or the insurance clause. This article analyses the concrete responsibility to undertake from vertical legal regulation to obtain. Moreover, the author gave his own comments on the ones which our insurance law and the provision should be consummated.