Research On The System Of Waiver And Estoppel In Prc Insurance Law

Waiver and Estoppel are mature systems in Common Law. They play an important role in balance of interests in contract law areas, including areas of insurance contract law. There are no such rich systems of rules in Civil Law countries. But some provisions reflect the spirit of the Waiver and Estoppel. Because these provisions are not sufficiently comprehensive to make the courts in dealing with relevant cases. The only recourse is the principle of good faith, while it's in violation of provisions"to avoid escape to the general principles of the emperor". These cases could have been treated successfully by Waiver and Estoppel system.The good news is our new 2009 Insurance Act amendments introduced Waiver and Estoppel system partly, which has a positive effect to maintain the integrity of the insurance market and the stability of the insurance contract, and will greatly enhance the insured's rights and interests. But it is a pity that the introduction of the two principles is not perfect, there are still loopholes. This makes the study on how to improve China's insurance Waiver and Estoppel have a practical significance.This paper falls into four chapters as follows:The first chapter is an overview of Waiver and Estoppel. Based on the analysis of Waiver and Estoppel concept, we clarify that they are two independent principles. Although they are similar both in character and results, the difference between the two principles are very clear, especially the different requirements in the application of process.The second chapter is analysis of the theory basis of the system of Waiver and Estoppel. After introducing the emergence and development of principles of Waiver and Estoppel in Common Law, we conclude that the decline and self-amendment of consideration theory shall be the theory basis of the system of Waiver and Estoppel's emergence in Common Law. Meanwhile, we analyze the similar legal system in Civil Law, which makes importing the system of Waiver and Estoppel to Civil Law countries more possible.Chapter III is the interpretation and assessment of our new "Insurance Law" Waiver and Estoppel system. The introduction of Waiver and Estoppel system in our new "Insurance Law" has many positive meanings, but we also find out the existence of many problems.Chapter IV is suggestion on further improvement of China Insurance Waiver and Estoppel system. Through detailed analysis of the two systems, components, the scope and application limit, as well as some special rules, we try to further improve China's insurance Waiver and Estoppel law system.