Research On The Statutory Dissolution Of Insurance Contract

The statutory dissolution institution of insurance contract, is the subject of the insurance contract be released based on the statutory context under the applicable laws and norms, It is the insurance contract between the parties to maintain the balance of interests was broken when the legal remedy system, It is able to effectively regulate and restrict the insurance contract rights and obligations of the parties, interests and responsibilities of both sides tend to re-balance. Since the restrictions of developing China's insurance industry, China's insurance law legislation on the legal dissolution system is not perfect. There are many different opinions on this academic. This article introduces the statutory dissolution institution of insurance contract, from three parts: legal basis, legal value, Compared with the related concepts. It discusses the matter of insured and the insurer to dissolution the insurance contract in detail. It focuses on the retroaction of the insurance contracts'statutory dissolution, on rights and obligations of the parties after dissolution of the contract. It analyzes the recent changes of China's Insurance Law. It presents several suggestions to improving the statutory dissolution institution of insurance contract.This article is divided into five chapters, the main contents include:The first chapter introduces the statutory dissolution institution of insurance contract, from three parts: legal basis, legal value, Compared with the related concepts. The statutory dissolution of insurance contracts is from the termination of the contract, is the result of a balance between the freedom of contract and justice of contract. It is the performance of the principle of honest and credit and the principle of balanced to the price. The statutory dissolution institution of insurance contract has two functions: interest relief and restricted rights, it is the remedy for Non-defaulting party to protecting their own interests; it is effective in limiting the rights of way of non-defaulting party. The statutory dissolution institution of insurance contract is an important part of insurance law; it has different characteristics to termination of contract and the appointed dissolution of insurance contract.The second chapter discusses the matter of insured and the insurer to dissolution the insurance contract in detail. China's insurance law gives the right to the insured and the insurer for the statutory dissolution of insurance contracts. There are some results like: the insured violated the obligation to truthfully inform; the Insured, the insured or the beneficiary's act is illegal; increase the degree of risk insured in property insurance, or the subject matter insured losses.The third chapter focuses on the retroaction of the insurance contracts'statutory dissolution. The retroaction must be the top priority issue after the statutory dissolution of insurance contracts. There are four theories: the direct effect said, the indirect effect said, the eclectic said and the conversion of debt relations said. China's insurance law does not clearly define the retroaction. There are three different views of scholars for the retroactive effect. The latest requirements of insurance law is different from the previous, because of different legal reasons, is not the same legal consequences. With the spirit of insurance law and legislative status quo, that China's insurance laws should be given retroactive effect to the statutory dissolution of insurance contracts.The forth chapter discusses the rights and obligations of the parties after the statutory dissolution of insurance contracts. There are two aspects: one is whether the parties have fulfilled the payment should be returned, another is whether the damages is justified. Return payment after termination of the contract is the existence of two theories: claims claim the theory and claim of the right theory. About whether the damages are justified, German Old Civil Code supported, Japan, France and Switzerland's the Civil Law do not supported. The scope of liability for damages, including reliance interest, the possible benefits and damages to maintain the interests of the three views. The rights and obligations of the parties after the statutory dissolution of insurance contracts, including return of premium and compensation for damage. Insurance Law in China provides compensation for damage is reliance interest; its range is the premium has been paid.The fifth chapter analyzes the recent changes of China's Insurance Law. It presents several suggestions to improving the statutory dissolution institution of insurance contract. China's current Insurance Law provisions on the insured's breach of duty to truthfully inform the more reasonable, an increase of waiver and estoppel rules to limit the lifting of the insurer the right, set up a new scheduled period, the degree of risk will increase the insured to "significant risk Increase.". There are some disadvantages of China's insurance law, and should be improved. It should be restricted the applicable conditions of the insured's statutory dissolution, should be expand the scope of the obligations for significant increase in risk. It should make the statutory dissolution of insurance contracts have retrospective effect.