| The validity of insurance contract is a very important problem on the legal system of insurance, and it could have influence on the interests of the parties of contract obviously. The validity of insurance is a precondition for the insurer to assume the insurance liability. The insurance law was amended in 2002. However the realities are so complicated that the law can not foresee them. It is true that there are still many deficiencies which cause conflicts and debates on the validity of insurance contracts. This paper probes into some factors which may have affects on the validity of insurance contract. And the purpose of this paper is to further improve the theory of the validity of insurance contract. On the other hand, it has great benefits to protect the benefits of the parties, to strengthen the risk controlling and the management of insurance companies.The research method combines the theory analysis and practice demonstration. The author has looked through all the principles of insurance clauses. On the basis of the analysis of the present law and judicial practice and reference of legislation and common rules of the developed countries, the author points out the defects and inadequacy of the present insurance law and made the constructive suggestions and advice herein.The article has five chapters.Chapter one states how to judge an insurance contract is valid or not, the general elements and special elements are discussed respectively, and also the consequence of the contract in case of the elements are missed. The subject must has the insured interest to the insured, the risk must exist, the applicant of the double insurance is out of ill intentions. The insurance contract which is absent from elements of valid may become uncertain, repealed, or void one. The date of validity and the date of insurance period may not be the same, it depends on the arrangement of the parties.Chapter two discussed the influences on the validity of the insurance of contract of the principle of Utmost Good Faith particularly and separately, the obligation of disclosure and the duty of accounting are the important parts of the principle of the utmost of good faith. The subject of disclosure obligation shall be extended to the insured, and the range of disclosure must be materials. In order to protect the right of the insured, the principle of"Allured Reason"can be made. As the insurer violates the duty of accounting, the insured must has the rights to cancel the contract, and the insurer must return the premium. The article introduces the principle of waiver and the estoppel of Anglo-American law system in consideration of the rights of the insured.The chapter three researches on the altering of the validity of insurance contract. The transferring of the property insurance contract may have legal reasons or the other agreed reasons. The transferring caused by legal must be accepted absolutely, and if it is caused by negotiation must inform the insurer in advance. As for the rescinding right , the retroaction will be different to each party for different reasons. The chapter four analyzes the controversies of the influence of the premium, policy issue and the fake signature of the agent on the validity of the insurance contract. The payment of premium and the issuing of policy are not the conditions for the insurance contract to take effect except promised in advance. The insurer must be responsible for the agent's mistakes if the agency is legal, otherwise, the agent must pay for it by himself. |
