Legal Relieve System Of Insurers

Human society has faced various kinds of dangers from the nature or the society since the early age. To defend the risks, there existed the insurance responsibility fund, which compensates the loss of the insurance accident of the individual for dispersing risks among people. It promotes social stability. However, the unregularize behaviors happen from time to time in the process of the development of insurance. The insurer, using the superiority status, terminates a contract or refuses compensating the loss of policy holders because of any slight misbehavior of the insured or any small change of the objective dangerous. And its fundamental reason is the deficiency of legal norm, leading to decrease restrictive function for the behavior of breaking off agreements of the insurer. To regularize the right of renouncement and balance the rights between them and ensure healthy development of the market, it further puts forward some suggestions on how to perfect our insurance law. Apart from preface and conclusion, this dissertation is divided into 4 chapters as follows:Chapter 1 mainly introduces principal theory of legal relieve system of insurance contract. Firstly, the definition of rescission is confirmed by distinguish rescission from termination. And then it analyses the quality and legal allocation, having the conclusion of the legislation principle of protecting benefits of the insured. Insurance contracts are based on utmost good faith. Besides that, the consideration balance is the basis of the statutory dissolution. They have theoretic and instructive significance for establishing specific regulations. Chapter 2 discusses the occurrence of the right. The reasons are various, which can be divided into some groups, that is, breach, failure to perform the obligation of making an honest disclosure, change of circumstance and so on. Analyzing the cause of matters concerned and conditions performed, it seeks to better measures to guarantee the validity of releasing contracts by the insurer.Chapter 3 researches the problem on how to perform the statutory dissolution. The performers should consider to add the insured and the beneficiary. In addition, the right of releasing contracts will vanish, in specific situation, like beyond scheduled period, abstention and estoppels.Chapter 4 analyses legal validity of statutory dissolution. It believes that validity of the cancellation of insurance contracts should be based on the different regulations, and puts forward the claim that whether the releasing of contracts has the retroactivity should be decided according to the different characters of life insurance contracts and property insurance. Based on the analysis, the law is expected to make reasonable allocation of rights and obligations between them.Finally, the dissertation puts forward some suggestion to polish our statutory dissolution system, making sure restrict abusing the release right of the insurer, maintain both legal rights and promote the healthy development of our insurance market.