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A Comparative Study On The Legal Regulation Of Insurance Contract

Posted on:2006-10-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y H HeFull Text:PDF
GTID:2166360155956381Subject:International Law
Abstract/Summary:PDF Full Text Request
Up to now, insurance is one of the best ways of evading risk that is invented by humans. The function and characteristic of the insurance mechanism determines the essence of the insurance relationship is the contract net that is connected by the insurance contract and centered by the insurer. Insurance contract is the carrier through which the insurance mechanism realizes the goal. The standard form of the insurance contract is determined by the characteristic of the insurance industry, which has the historical and economical rationality. But the unequal information hold by the insurer and the applicant is the cause of the insurance contract dispute such as adverse choice and moral hazard and so on. Therefore, legal regulation is needed in the insurance contract. Comparing with the well-developed countries of the world, legal regulation of insurance contract in our country is of some defect for the reason of mal-development in insurance industry. This paper makes comparative study on the theory and practice of insurance contract legal regulation with well-developed countries, and connects with the present conditions of our country, puts forward the measures that make the legal regulation perfect in our country from the legislation aspect and justice aspect.This paper is divided into four parts:The first part: the value of the legal regulation of insurance contract. In this part, the paper analyses the unique of insurance industry and the legal characteristics of insurance contract, and examines the benefit and defect of the standard form of insurance contract, points out that the value of the legal regulation of insurance contract is to prevent and correct the unfair phenomena in the insurance contract relationship, and protect the function of insurance mechanic which based on the principal of good faith, so as to do advantage to the good order of the whole insurance industry, and also safeguard the order of national economy.
Keywords/Search Tags:insurance, contract of insurance, legislative, regulation, justice regulation
PDF Full Text Request
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