Font Size: a A A

On The Explanation Principle Of Doubt Provisions In Insurance Contract

Posted on:2008-03-04Degree:MasterType:Thesis
Country:ChinaCandidate:X P KangFull Text:PDF
GTID:2166360212976876Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The traditional insurance law established the unfavorably explained principle to explain the doubt provision in insurance contract. In other words, if there are more than 2 explanations exist in the contract clause; the court shall choose the explanation which is disadvantageous to the insurance broker. The 31st act of Insurance Law of our country prescript this principle which affects the judicature practice and the society deeply. Unfortunately, the unfavorably explained principle has much contradiction both in theory and in practice, because the principle can not solve the application disadvantages in the modern world.Except introduction and conclusion, the thesis is considered 4 chapters:Chapter 1 analyzes the basic problems in theory of the explanation principle of doubt provision in order to enter the next discussion step. On the base of an insurance case in British, 1941, Chapter 2 analyzes of the explanation principle of doubt provision in traditional view. This part discusses the theoretical origin, jurisprudence basic, advantages and...
Keywords/Search Tags:doubt provision, the unfavorably explained principle, reasonable expectation, contract ability and anticipation
PDF Full Text Request
Related items