Research On Personal Insurance Contract

Though the history of the personal insurance industry is not long in China, it has great progress. Because of the lack of the legislation, the dispute concerning the personal insurance contract appears continuously in recent years. Based on the fundamentals of insurance law and contract law, borrowing the successful experience of developed insurance countries(or regions),this thesis attempts to make a tentative research on the law aspects which have closed relations to everyone's benefits in the personal insurance contract, using the way of the analogy and analysis. Its purpose is to perfect the lawmaking about the personal insurance contract and promote the healthy development of the insurance industry.This thesis falls into 4 parts, 35000 words approximately.Chapter 1: The character and the classification of a personal insurance contract. Compares to the property insurance contracts, the personal insurance contract has some characteristics such as quota paying, nature description and non-valuation of the insurance object, saving aspect and voluntary to insurance fee etc.; the personal insurance contract is divided by the classification standard of guarantee scope into the life insurance contract, the health insurance contract and the personal accident insurance contract. And also analyze the "disease" of the health insurance contract and the " accidental injury" in the personal accident insurance contract.Chapter 2: The establishment and invalid of the personal insurance contract. This text thinks the personal insurance contract establish when the both parties reach the agreement for the contract item, countersign the insurance policy is neither the essential condition that the personal insurance contract establish, nor a fullcondition, in other words, whether the personal insurance contract establish or not countersign with insurance policy did not contact by all means. As for the invalid personal insurance contract affirm, this text think that the our country insurance law should body now the word " no danger no insurance" , at the same time, should extend the scope of the Human body insurance benefits, admit according to the economic benefits but existent insurance benefits of Human bodies, be in line with international insurance usual practice, promote the Human body insurance industry develop.Chapter 3: the relief of the personal insurance contract. This text thinks that the personal insurance contract can trace back when it is relieved. When the personal insurance contract is relieved because policy holder fails to perform the duty of telling the truth, the insurance fee should be returned to the insured. It's quite different from the Property insurance contract. Concerning the relief of personal insurance contract, this text thinks that should perfect the interrelated provision about duty of telling the truth and scheduled period.Chapter 4: The principle of immediate cause principle and the excluded liability by law in the personal insurance contract. Analyse the difference between the immediate cause principle of the insurance contract and the law of causality in civil law. point out that the law of causality on the civil law has the certain responsibility scope and judge responsibility whether the function that establish, but the immediate cause principle within the personal insurance contract only have the function that the judgment responsibility establish, and there is no way to the suppose causality in the personal insurance contract. Concerning the excluded liability by law, this text point out the drawback in the suicide clause and think it should consider the protection to the junior. When the insured commit suicide two years after the personal insurance contract, the insurer should pay the premium and it's a duty, not right of the insurer.