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Research On Insurance Contract Explanation

Posted on:2006-04-30Degree:MasterType:Thesis
Country:ChinaCandidate:F X GuoFull Text:PDF
GTID:2166360155476899Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
While the idea of insurance penetrates into Chinese populace's life and the insurance activities become more frequently, with which the insurance contract dispute cases emerge in large numbers. Because the insurance contract is a kind of format contract, when the dispute occurs the bilateral contractor often make the different explanation on insurance contract provision and the different understanding has its rationality. Therefore the doubt provision appears. How to explain the doubts, how to grasp the point of dispute and give proper and reasonable solution, the first ? question is to explain the insurance contract. But there is no unified system about insurance contract explanation in our country, which there are only a few provisions in the Law of Insurance and some principle stipulation in the Law of Contract. So it results in the simple and sketchy way of insurance cases in the judicial practice. While the system of complete written law stipulation to the insurance contract explanation has already been made in the relatively developed countries in the insurance business such as the British and American, in which rules are more operational and rational in the explanation method especially.This thesis mainly is based on the legislative and judicial practice. It mainly research on the necessity and rationality of the insurance contract explanation system at theory and practice by explanation and utilization of oversea advanced insurance idea. Theoretically the thesis introduces some basic problems such as the concept of insurance contract explanation, the object as well as the insurance contract characteristic and so on, emphatically makes the detailed discussion on the explanation rule, especially the doubt benefit principle determined by the law of insurance in China and the reasonable anticipation principle popularizing in European and American countries, It aims at advancing reasonable insurance contract explanation rule which conforms to the actualities of China, perfecting the legislative and judicial practice of the insurance, promoting the development of the finance and insurance business in China.
Keywords/Search Tags:contract explanation, insurance contract explanation, format provision, the doubt benefit principle, the reasonable anticipation principle
PDF Full Text Request
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