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On The Inaccurate Disclosure Of The Insurance Law

Posted on:2009-03-01Degree:MasterType:Thesis
Country:ChinaCandidate:T LanFull Text:PDF
GTID:2166360272481317Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The obligation to disclosure is not only an important obligation of the insurant but also the basis for the stead development of the insurance industry. The local experts have completed the expression of active obligation of the obligation to disclosure . However, the negative obligation has not been involved. This article will focus on the inaccurate disclosure to express the main body, the form, the standard of judgement and what's the most import is to express the different effects in law caused by the inaccurate disclosure of different degrees.The article is divided into 5 parts. The first and second part is the brief introduction of the obligation to disclosure. It is prepared for the discussion of the inaccurate disclosure as well as its particularity. Then, I will analyse its necessity and possibility based on the systematic economics. Finally, I will analyse judicial base.In the third part, I will analyse concretely the damages, nature, behaviour and the standard of judgement. The inaccurate disclosure indicates that the person who has the obligation to discloure breaks the obligation to discloure and is not able to tell the true risks to the insurer. This kind of behaviour will influence the insurer's accurate evaluation on the true risks and lead to the fact that the fees don't fit in with the risks. The inaccurate disclosure includes two kinds, namely, the mistaken disclosure and the mistaken risk information. It also has two forms--- misrepresentation and non-disclosure.The fourth part is the most important part. In this part I will analyse consequence of the inaccurate disclosure in law. There are two kinds of inaccurate disclosure according to the standard of the insurance interests. One is called the fundamental inaccurate disclosure and the other is unfundamental disclosure. The former is the mistaken disclosure on insurance interests and the latter is on the contary. The fundamental inaccurate disclosure will cause that the insurance contract is unavailable from the beginning. While the unfundamental inaccurate disclosure will lead to change or rescission of the insurance contract.The rescission of a contract is the main way to deal with it while changing a contract is just a substitution.Rescinding a contract is the main consequence caused by the inaccurate disclosure. In the third part, I will focus on the relationship between right of rescission of the insurer and that of contract law, the standard of judgemeng and the special rules of the inaccurate disclosure which will cause the consequence of right of rescission and the rescission of an insurance contract caused by the angent's inaccurate disclosure.In the fifth part, I will analyse the present legislation of insurance law in our country, which is combined with the reality of our insurance industry, and bring up perfect suggestions.
Keywords/Search Tags:obligation to disclosure, inaccurate disclosure, legal consequence, right of rescission
PDF Full Text Request
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