Study On Promissory Exemption Of Insurance Obligations

Insurance, which is called "ingenious stabilizer of society", is to take and eliminate dangers and has the ability of stabilizing the society, promoting social welfare and flourishing economy. The vicissitudes of insurance industry would influence widely and fatherly.Although" Insurance Law" of China has been promulgated for more than 10 years, the insurance market of China is not normative, especially, there is no detailed rules available to regulate insurers,insurants,policy holders and beneficiaries on the promissory exemption of insurance obligations. Whether in the lawmaking technical or in the practice of financial law, there is quite a gap between the developed western countries and China. The aim of this research is to help perfect insurance system of China.This thesis has three parts.The first part introduces the basic theories relevant to the insurance obligations, including its definition, characteristics, and the development of this obligation. And the author explains the aim of fulfilling this duty and then analyzes nomologically and economically the institution of promissory exemption of insurance obligations.In Part Two, the author on one hand analyzes the promissory exemption of insurance obligations and brings forward problems that exists and on the other hand differentiates "explain" and "explain clearly". Then, the author discusses on the characteristics and problems of insurers'obligations in the fulfiling this duty, as well as the consequence of violating this duty.In Part Three, the author provides suggestions to the legislation of promissory exemption of insurance obligations.Firstly, there is a need to regulate the articles making relevant to the promissory exemption of insurance obligations. Secondly, the author puts forward seting up a new system to regulate the duty of "explain" as "calm observing period" and insurers' "responsibility of suggestion", as well as the insurants' rights to cancel the insurance contract to avoid damages. And then, it will consummate the article 18 of Insurance Law.