Analysis On Legal Problems Concerning Life Insurance Contract

The law concerning insurance contract is an important part of Insurance Law of China. Life insurance contract, among all insurance contracts, is the most controversial in theory and practice. The thesis, using the system of other countries as well as Taiwan, Hongkong, and Macao for reference, studies the conclusion, fulfillment of the life insurance contract and imperfection of current domestic insurance law. The comparative analysis and case analysis is applied to the investigation.Apart from introduction and conclusion, the thesis is divided into four parts.Chapter One, which concerns formation and execution of the life insurance contract, analyses the nature and signing process of the life insurance contract, pointing out that the formation of the insurance contract, the execution of the insurance contract and the commencement of the insurance liability are different,easy-confounded concepts. By analyzing of the representative case, the omissions of the insurance procedures are stated and the suggestions for the improvement of current insurance laws and regulations are proposed in this chapter.Chapter Two, in view of the most controversial problem in practice, namely, concerns the obligation of making a full and accurate disclosure in the contract signing process, specifies the subject, scope, content, date, manner of the obligation as well as legal liability of the failure of fulfilling the obligation. The inadequacy of the current domestic provisions and constructive amendments are also stated in this chapter.Chapter Three concerns the interpretation of life insurance contract. Integrating the current domestic contract interpretation system with the provisions for judicial interpretation about to be issued by the Supreme People's Court, this chapter elaborates on the comprehension and application of the principle and method for the interpretation of insurance contract, and the problems in judicial practice as well.Chapter Four, with regard to the legal problems concerning invalid life insurance contract, analyses the stipulations on the invalid contract in domestic law as well as the imperfection of such stipulations in Insurance Law. The Chapter specially analyzes the efficacy of the insurance contracts signed by another which are common in practice, pointing out such contracts shall not be considered void, and the advice of dealing with such contracts is contained in this chapter.