Study On The Favorable Interpretation Principle Of The Insurance Contract

The contra preference rule, which was one of the most important rules in the Roman law history, plays a very specific role in regulating the clauses of the format contract today, and it can prevent the clauses of the format contract from deviating from the essences of the contract and stop it from doing harm to the justice and fairness which are the values of the contract. Only by perfecting the regulation of the format contract can we realize the goal of justice and fairness in the legal practice. The author analyzes the contra preference rule from the angle of the insurance contract in order to get the general ideas of how to use this rule correctly. The contra preference rule is a special rule in interpreting the insurance contract.Under the doctrine of contra preference, ambiguities in the insurance contract are to be construed against the drafter. In the legal practice the fact is that the interpretation is often against the insurer in order to protect the insurant, which is often the inferior party in the insurance contract. There are four parts in this thesis which separately analyzes the origin, the correct position, the suitable categories of this rule and the right way to practice it.In analyzing this rule, the author uses the comparing and systematizing methods to explain it as well as citing typical cases to paraphrase it. At the end of this thesis, the author supplies some advice to emphasize the aspects which we should pay more attention to when using this rule.