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On The Principle Of Utmost Good Faith Of Insurance Law

Posted on:2009-11-29Degree:MasterType:Thesis
Country:ChinaCandidate:L L HaoFull Text:PDF
GTID:2166360245995528Subject:Law
Abstract/Summary:PDF Full Text Request
Along with the continuous deepening of the market economy, in recent years, China's insurance industry has also been considerable development and insurance market has been the potential breadth and depth of the excavation. To promote economic development and protect the people's life has played a tremendous role. At the same time the insurance industry is operating the special credit risk industry. Honesty and trustworthiness is the insurance industry "of this career." The principle of the utmost good faith is one of the basic principles of insurance law. In essence, it requires insurance activities fair, equitable and a balance of interests. Compared with the principle of good faith as well as similarities, there are different places. On the request of the parties than the ordinary civil and commercial parties to a contract, the principle of good faith on the request is even higher. But the fact of the insurance market in the interests of policyholders and insurance disputes has never stopped, with the insurance fraud, insurance claims were difficult and intermediaries violation of professional ethics of the examples abound. This insurance system and promote the integrity of the largest alien. Therefore the domestic insurance industry to a greater development, we must solve the bottlenecks insurance integrity. Therefore, in theory increase its understanding of the integrity of the insurance industry has been imperative.In the most important elements of the principle of good faith, informing obligation, note obligation and notification obligations are stipulated. This obligation and duty to inform the principle of good faith is based on the largest of the insured and the insurer's obligations to which that obligation is the largest insurer of fiduciary duty. Different obligations have the different main. However, only those provisions is not enough to solve the integrity of the insurance issue, the principle of good faith is the biggest change with the times and development, it has more rich connotations. This paper analyzes and demonstrates the insurance principle of good faith of the largest and most comprehensive mechanism. In theory their understanding of the principle of utmost good faith is deepened and its nature, status and function are analyzed. The purpose of the study is: Through analyzing the nature, meaning and function of the principle of utmost good faith, the functional analysis, understanding deeply the principle of utmost good faith in theory. At the same time from the law and in practice, the realization mechanism of the principle of utmost good faith is analyzed and some suggestions for improvement are put forward.Come through on the full text of the theory and practice the conclusions: Insurance is the largest application of the principle of good faith in the whole insurance area of the law requires that people in the insurance activities of goodwill, good faith and credit of the right to the fulfillment of legal principles. Including the following two aspects: First, the requirements of the insurance contract and the parties made in the insurance contract during the period of insurance contracts should be provided to the other party in accordance with the law affect the other parties to make all substantive decisions of the important facts; Second, to support other insurance requirements such as insurance brokers, insurance agents and assessment agencies integrity, true participation in the insurance activities, will not be allowed to provide convenient conditions for insurance fraud. Utmost Good Faith principle is the fundamental principle of insurance is the basis for the existence of insurance and an inevitable requirement. Therefore it is particularly important Implementation Mechanism, This paper attempts to pass the relevant laws and regulations perfect, insurance companies, improve the internal management system, improving the quality of staff and so on the integrity of insurance companies to raise standards, At the same time policyholders and intermediaries concerned about the integrity of the improvement measures. Hope that through the analysis and appraisal of the law so that more researchers greatest concern to the principle of good faith, the most perfect realization of the principle of good faith mechanism for the development of China's insurance industry to provide effective protection.
Keywords/Search Tags:Insurance, The principle of utmost good faith, The mechanism being improved
PDF Full Text Request
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