The Research On Disclosure Obligation Of Insurance Law

Insurance, one for all and all for one, is a system of assist between people, after the development more than 200 years; The insurance has expanded from sea to land, from belongings to people. Moreover, the object and scope of insurance has widened a lot. Insurance is the sunshine industry of the 21st century.The obligation of disclosing is a reasonable operating system foundation. If there is no scientific and reasonable system of making disclosure, the insurance industry will not get a sound operation and an ordinary development, but at the same time, it is also a controversial rule in the theoretical studies and insurance activities.Disclosure obligation is unique obligation of Insurance Law which shows the Particularity of Law of Insurance Contracts. The performance of disclosure obligation has absolute impact on the validity of contract of insurance, but the ambiguity of Article 17 of Law of Insurance on disclosure obligation leads to ceaseless disputes in the insurance practical procedure; the unanimous interpretation of Article 17 of Law of Insurance by court during its application results that the cases of the same kind have different endings during the judicial practice. Various opinions in the insurance circle and legal circle directly damage the normal operation and development of insurance industry. This article will, through the theoretical research on the disclosure obligation of contract of insurance, combine with the insurance practical procedure, try to study the establishment the disclosure obligation criterion of contract of insurance under the situation of our country for the standardized operation and healthy and ordered development of insurance circle.The essay has consisted of four parts. The first part gives the introduction of the basal theory. There is a difference between broad sense and narrow sense in the obligation of representation in the law of insurance. The former includes representing in the whole valid period of the contract of insurance, including the obligation of informing when danger is to increase. The latter means one when contract staple is immediately agreed on. This thesis adopts the narrow sense of concept of the obligation of representation, which differences from the explanation obligation of the insurer. Firstly, defining the content, extension and the nature of disclose obligation; This chapter has carried on the beneficial discussion on the disputed questions which are raised by actualizing in judicatory and the basic category or the concrete rule, including the main body who fulfills the duty, the relative person, the time, the way, the scope and the content of fulfilling the duty At the same time, the author proposes his own opinion on this foundation.In the second part, coordinating the theory of disclose obligation; Seek and tell the value foundation of the system of the obligation. Having examined the development of the principle of honest credit on the law of insurance with the social economic condition pregnant with it,analyzing the meaning the balance principle as a remarkable technological character of the contract of insurance has to the management of insurance, this part points out the legislative base of supporting in the above two major value: the peculiar common group mutually helping nature on the law of insurance. It then draws a conclusion of legal foundation of the system of the obligation of representation. lastly, analyzes the disclose obligation by the economy. The anti-choince phenomena brought by the dissymmetry in information of insurance contract is the economy root. According to the kos's theory of the deal cost, establishment of the disclosure obligation is to deduce the deal cost by the system.chapter three introduces the legal consequences of violating the obligation of making disclosure. Through comparing various theories, this chapter concludes the subjective and objective elements of the violation of the obligation, lists all kinds of specific circumstances of violating the obligation, and analyses the legal consequences from the two aspects which are rescinding the contract and returning the premium paid respectively.Finally, based on the above information, I have demenstrated four suggestion for promoting the disclosure obligation of the insurance law.