Research On The Duty Of Disclosure Of Insurance Contract

Insurance industry is making vigorous development in 21st century in China. At the same time, the market of insurance is quickly expanding, especially for the commercial insurance has become an important part of our national economic system. The insurance market has a close connection with people' s livelihood, however, the immaturity of our insurance market and the innocence of knowledge in insurance resulted in more and more problems for us to solve in our insurance market. Since insurance industry is closely related to people' s living and nation' s development of economy. The building of the reasonable and scientific duty of disclosure is the foundation of managing steadily and developing orderly of our insurance industry.In the latest amendment of Insurance Law of China, the duty of disclosure in insurance contract has been watched by so many insurance law experts. The duty of disclosure is a duty regulated by the insurance law; it plays a very important role in the covenant of insurance contract and the settlement of claims. For the confusion of the regulation of the duty of disclosure in the current insurance law, it is necessary for us to make amendment to the current regulation of insurance law. This thesis constructs a comprehensive theoretical system and standard system of disclosure duty through the binding of theory of duty of disclosure and the insurance practice in our country.This thesis is consisted of three parts which contains introduction, text, and epilogue, and the text is divided into five chapters.The first chapter is the introduction of basic theory of the duty of disclosure, through the reference of two main theories: "maximum of good faith" and "measurement of risks" , from the aspect of the determination of the setting of duty of disclosure to analyze the basis of law making and the foundation of theory of duty of disclosure. The second chapter is the discussion of the definition and the nature of duty of disclosure. Distinguish the duty of disclosure from other relevant and similar duties which is regulated in the Insurance Law. The third chapter separately discusses the host of duty of disclosure, performance term and means and bonds of duty of disclosure, and put forward the point and advice on the relevant problems. This chapter is the main chapter which plays an important role in either content or structure. The forth chapter concerns about the determination of breaking of duty of disclosure and the consequences of breaking the duty of disclosure, especially analyses the exertion and holding back of the right of cancellation of insurer. In the fifth chapter, the author brings about the duty of cooperation toward the duty of disclosure from the aspect of insurer; through emphasis on the significance of standard operation of making insurance contract and exertion the function of insurance agency, brings about the author' s suggestions of the amendment of duty of disclosure which is conductive to improve the insurance market.