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Rethinking And Rebuilding The Mechanism Of The Dissolution Of Insurance Contract In China

Posted on:2008-11-21Degree:MasterType:Thesis
Country:ChinaCandidate:M ZhuFull Text:PDF
GTID:2166360242479028Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The mechanism of the dissolution of insurance contract in China is one of the most important systems in the insurance law. It contains dissolution by appointment and dissolution by statutory. So far, due to the lack of theoretical support, there are still some points that need to be further examined in the mechanism of the dissolution of insurance contract. Based on rethinking the actuality of dissolution of insurance contract and given the characteristics of insurance contract, this dissertation thoroughly researches the dissolving condition which is the core of the mechanism of the dissolution of insurance contract. In addition, it further puts forward some suggestions on how to perfect our insurance law.Besides Preface and Conclusion, this dissertation is divided into 3 chapters as follows:Chapter 1 mainly introduces the mechanism of the dissolution of insurance contract in China. The author discusses the composition of the mechanism and the difference between dissolution of insurance contract and dissolution of common contract. Then, since analyzing the orientation in legislation of the mechanism of the dissolution of insurance contract, the author advises the start point of rebuilding the mechanism of the dissolution of insurance contract.Chapter 2 discusses the dissolution of insurance contract by appointment. Starting from analyzing the concept and legislative idea of the dissolution of insurance contract by appointment, this chapter stressly researches the public interest and warranty which are the central questions in the dissolution of insurance contract by appointment.Chapter 3 rethinks and rebuilds the dissolution of the insurance contract by statutory. First, in China, the endows the applicant maximum right to dissolve the insurance contract. However, the legislation is not reasonable. It is rational to restrict the right of the dissolution of applicant. Second, in China the insurer is entitled to dissolve the insurance contract under 6 conditions. But it is not totally reasonable as well. By analyzing the 6 conditions, the author puts forward the advice of perfecting the dissolution of the insurance contract by statutory.
Keywords/Search Tags:Insurance Contract, Dissolution by Appointment, Dissolution by Statutory
PDF Full Text Request
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