On The Disclosure Obligation Of Policyholders

China is a civil, Combination of Civil and Commercial Laws to adopt the system, the insurance contract for a particular civil law However, China's insurance contract law and civil law and common law adopted two systems, and the practice of insurance policy provisions adopted by the United States and Britain have more insurance provisions. This phenomenon is often ignored. resulting solely from the interpretation of the civil law or common law theories of China's Insurance Law and the Code dealing with insurance issues, The crux of the problem is not found with the inevitable transfer of a plane. On this obligation, "important facts" with the standards of judgment is the best example. In this context, the study of comparative law method should be useful, David noted : "Comparative Law?as compared to the famous jurist France contribute to a better understanding and improved domestic law. "" In order to complete and perfect their legislators. itself has been using the comparative method. "" Law is the only universal. Comparative Law is one of the elements to the world. In our times of particular importance to understanding law, the law in order to progress, it is destined to play and played a pivotal role. "It is in this concept under the guidance This paper attempts to view and Comparative Law, "The Insurance Law" on this on our obligations to the existing provisions, Taiwan Insurance Act deals with the differences, hoping to be able to build a more perfect system of insurance law. First, a comparison of results achieved, but also to the future for our own clear idea of building insurance. This paper studies this obligation by the Insurance Law of the mainland and Taiwan contest mainly want to solve this insurance obligations on the provision provides, China and France to explore the cultural differences and to the purpose of access. The ink on more obligations on the Elements of this insurance and legal effect of, By comparison, and describe in detail above, the authors have also put forward their proposals on insurance legislation.In addition to the full text of introduction and conclusion, the body is composed of four chapters. It prescribed the contents of this obligation is not to strive for a system of "encyclopedia" of the system described, but focused. Elements of this obligation is to compare the effect of law and, China's insurance legislation to make better choices.The first part is on the original objective of setting up this obligation by the four parts. Is the question on the obligation of both sides to define the concept. Insurance Act, which refers to the obligation of an insurance contract. insurance or insurance policyholders who should be the subject of the important facts (Material facts) told me honestly insurance, there should be no hiding, omissions, mistakes or fraud. This is a statutory obligation, whether there is a clear agreement from the insurance contract. Through this obligation on both sides of the Insurance Act provides that the author of this comparison : Insurance Law, we can see the two sides set up the obligation of good faith and are based on the balance of the price, Taiwan Insurance Act obligations are clear on this law provides that the provisions of the Principal obligations of this note is the fact that It provides the legislative intent of this is that as a means to comply with the principle of honesty, to achieve the ultimate price for the purpose of balancing the requirements. Mainland insurance law is not only on the obligation of good faith and the establishment of a balance between the price, Note obligations and is relatively established.The second part is on the obligation of the Elements, from four components. Is the phase of this obligation, this way, this obligation and the obligation of the main scope of the comparison. In every comparison, I regard on the part of the mainland and Taiwan as part of the contents listed on the comparison, put the focus and core of the problem, by comparison concluded. The third part mainly on the legal effect of this obligation. Five components, namely, the consequences of violations of this obligation, the right to rescind the earlier period. In addition to the accused the right to rescind the earlier period, to lift the legal consequences, the right to rescind the restrictions earlier.Part IV is essentially the essence of this part. The full text of the use of the comparative method. The purpose is to contrast the two sides of the insurance law passed an important component provides all legislative options My expectations for the future to be able to play an active and constructive role in the insurance legislation. If the contract of insurance or insurance contracts before the establishment of effective rehabilitation, the insured or the insurer for the insurance written inquiry, they knew or should have known that this should truly matters; truthful or insurance policyholders who intentionally fails to perform this obligation. or due to gross negligence and failing to truthfully tell obligations cautious enough to affect the insurance coverage or to decide whether or not to agree to raise premium rates. insurers for insurance contracts prior to the lifting of the accident insurance, the insurance payment or compensation, no refunds. Insurance premiums have not yet accepted that the exercise of the right to rescind, the enjoyment of the right to request payment of premiums, etc.I made very many of China's insurance law to the proposal and I hope that the passage of this legislation improvement reduce and avoid disputes, protect the legitimate rights and interests of a fair and reasonable manner, so as to promote the healthy development of the insurance industry.