Research On Disclosure Obligation Of Insurance Contract

Disclosure obligation is a special obligation and has important station in insurance contract law. The order development and moderate manage of insurance industry depend on the rational structure of disclosure obligation. The 17 clause of insurance law of china have prescribed the disclosure obligation. But the disfigurement of the disclosure obligation brings on the many dissensions in practice. The perfection of disclosure obligation is very important before the eve of the insurance industry overall opening. For example, 《the interpret of some questions about cognizance the insurance dissention》 printed by the supreme court have involved the disclosure obligation. The dissertation bases itself upon the situation of our country, uses for reference of the developed country and area, discusses the basal theory and the material system of the disclosure and gives the suggestion about the perfection of the disclosure obligation. The general idea retains the rational composition, tends to protect the rights and interests of assured and applicant in adjusted law, in order to adapt the diversification of the condition. In addition, aiming at the muddle of the difficulty to judge the performance, the article defines the categories and gives the operate standard to the judicial practice. In conclusion, the perfection of the legislation reduces the dissention and protects the right of the assured and applicant, accelerates the progress of the insurance industry. The dissertation consists of threeparts:The chapter one gives the introduction of the basal theory. First, the dissertation gives the definition and quality of the disclosure obligation. The disclosure obligation is a narrow sense not including the notice obligation after the danger. It has the legal, pre-contract, indirect quality. Second the dissertation hackles the theory gist, introduces the basal standpoint of the honesty theory, accord theory, guarantee theory and technique theory, expounds the rational composition and the shortcoming defect and underlines the base theory in present stage in our country. Lastly, analyzes the disclose obligation by the economy. The anti-choince phenomena brought by the dissymmetry in information of insurance contract is the economy root. According to the kos's theory of the deal cost, establishment of the disclosure obligation is to deduce the deal cost by the system.The chapter two gives the ideas about the category of the disclosure obligation. On the base of the insurance developed country and area, the dissertation discusses perform subject, perform period, content, scope, avoid and gives the below standpoint, ?ampliative explain of the relative subject, giving the insurance agent the right of receiving the disclosure, ?perform period of disclosure obligation is limited the apply for the policy holder.?establish the standard of important thing of disclose obligation from subjectivity and objectivity, ?the scope of the disclosure obligation is limited the paper inquire, avails the interest balance of the agent of the contract. ?establish the avoid regulation of the disclosure obligation, to protect the interest of the policy holder.The chapter three is about the law rule of offending the disclosure obligation. Expounds the important document and control model of offending the disclosure obligation. Gives the suggestion about the perfection of the important document: ? subjectively, the dissertation classifies the miss more subtly and keeps the miss degree and the arraignment from the law unanimous. ?Impersonality, on the base of the causality model, the dissertation gives the sort according to the danger appear. About the law control model of offending the disclosure obligation, the dissertation discusses the produce and exertion of the relieve right and clarifies the adscription ofthe premium, suggest giving the efficiency period of the rescind right.Concluding, the dissertation gives the suggestion about the perfection of disclosure obligation of our insurance law.