On The Institution Of The Duty Of Disclosure On Insurance Law

Insurance, which is an efficient mechanism with the usage of evading risks and sharing in loss, is a great invention of human being and a kind of mutual aid against risks. By collecting individual risks and redistributing them among the society, insurance limits individual risks to the least. During the process of concluding and fulfilling an insurance contract, the fact of how the policy-holder and the insured fulfill the duty of disclosure affects directly the parties'legal rights and interests, therefore affects whether the insurance industry can develop prosperously. Most of the cases of insurance contract dissension happened after the policy-holder and the insured did not agree on whether the insured had fulfilled the duty of disclosure and whether the insurance company had obtained the right to relieve the insurance contract or reject the request of compensating, which shows the importance of the duty of disclosure and the necessity and imminence for us to research it.Based on the history of insurance's produce, Chapter I sets forth that the policy-holder or the insured's disclosing duty is the basis and precondition for the insurance industry to build and work reasonably.Chapter II ascertains the scope of the paper by beginning with two basic problems: the origin of the duty of disclosure and the signification of it. The development trend of the duty of disclosure is summarized in this chapter, which lays the foundation of proposing the author's own opinion on the disputed problems that will appear in the next chapters.Chapter III carries on the basic problems on the duty of disclosure, including the subject, the acceptor, the time, the scope, the content and exemption of fulfilling the duty. The author also analyzes the disputation existing among those areas and proposes his own opinion and excuses.Chapter IV analyzes the important conditions of violating the disclosing duty and how the insurer should exercise the right of relieving an insurance contract. By citing two cases in this chapter, the author sets forth the necessity for us to perfect our insurance law by constituting obstruction against the insurer's right of relieving an insurance contract.