On The Collateral Obligation Of Insurance Contract

Collateral Obligation of contract can he traced to the good faith contract of Roman. But it doesn't form its system in a long time. Because the people lack of ample understanding, even they have no concept of Collateral Obligation of contract. Since the society coming into 19 century, the theory of Collateral Obligation of contract is formed with the establishment of the good faith. It is prescribed in the fourth chapter of the Chinese Contract Law:"the people should follow the good faith and perform the informing duty, helping duty, keeping secret duty and so on according to the quality, purpose and custom of contract."Such as informing duty, helping duty, keeping secret duty and so on, are called Collateral Obligation of contract by the professionals. But in the Insurance Law theory field, the systematical and deeply research is not given. So does in the judicature field. I think the whole research about the Collateral Obligation of Insurance Contract has important sense in the legislation and judicature field.This article aims to analyze the concept, characteristic and content of Collateral Obligation of Insurance Contract.This article consists of preface, straight matter and conclusion. The straight matter includes four chapters. Chapter I is the summary of the Collateral Obligation of the Insurance Contract. In this part, the author illustrates the definition, theory basis and features of the Collateral Obligation. Hereafter this article has carried on the initial summary to the differences between the Collateral Obligation and other duties of Insurance Contract.Chapterâ…¡is the Collateral Obligation of the Policy-holder. In this part, the author divides the Policy-holder's Collateral Obligation into notice duty and assistance duty. And the Policy-holder's notice duty is consist of notice of loss, notice of double insurance and notice of variation or reinstatement after lapse. The author also dissertate the civil liability of the Policy-holder for violating these Collateral Obligations.Chapterâ…¢is the Collateral Obligation of the Insurer. In this part, the author illustrates two types of the Insurer's Collateral Obligation: notice duty and keeping...