Study On The Restraint On The Principle Of Utmost Good Faith To The Insurer

With the market economy expanding in China currently, the credit csisis has been an important issue concerning whether the market economy can run in a healthy way or not. At present, it is imperative to establish an insurance market that needs amplified insurance rules and regulations in China. The principle of utmost good faith is an important principle and legal character of insurance law, whether the insurer abides by the principle of utmost good faith and performs the duty of utmost good faith or not has become an important assurance for the healthy development of insurance. This thesis analyzes the restraint on the principle of utmost good faith to the insurer aiming at putting forward legislation proposals and providing some suggestion to insurance practice and law. This thesis fully expoundes the restraint on the principle of utmost good faith to the insurer by the way of comparison, giving real cases, using legal principle and historical development. This thesis consists of introdution,main body and a conclusion, and the main body of the thesis consists of four parts.In the first part, firstly, the author expounds the etymology of good faith and the establishment of the principle of utmost good faith. Second, through analyzing the different concept and the applying sphere of the principle of utmost good faith , throws light on concept and the applying sphere of the principle of utmost good faith. Thirdly, the author expounds the function of the principle of utmost good faith. Finally, through analyzing the relationship between the principle of utmost good faith and the principle of good faith or insurance contract, the autheor explicitly advocates the principle of utmost good faith should be stipulated in China's insurance law.In the second part, firstly, the author expounds the reason ,the content,the porforming time and way about the insurer's duty of explaination. Besides, the author definites the concept and the standard of the explanation and the legal consequence when the insurer violating the principle. Secondly, the author analyzes the concept , the exercising condition , the performing way, the restraints when being performed about the waiver and the estoppel and explicitly advocates the waiver and the estoppel should be stipulated in China's insurance law.In the third part,through analyzing the unfavorable explaination to the insurer, the applicant's right to delete the contract and the insurer's responsibility to compensate, the author expounds the legal conseqnence when the insurer violates the principle of utmost good faith.In the fourth part,through giving real cases, for example, the insurer violates the duty of explanation or the waiver and the estoppel, the author analyzes the behaviors when the insurer violates the principle and the means to insure the insurer to abide by the principle, such as establishing perfect insurance law, insurance supervising system and raising the level of law.