Study On Validity Of The Life Insurance Contract

To achieve the real fairness of rights and obligations among the insurance policy holder, the insured and the insurer and to guarantee the benefits of all sides, we should reasonably consider the effectiveness the life insurance contracts. Even though the current Insurance Laws have regulated the relate systems of the establishment, operation, invalidity and release, some problems still exist and need some specific legal regulations. As there are some defects of current regulations of insurance laws, and the disagreements on related problems of scholars, many disputes occur and this affects the development of insurance. The thesis based on the analysis of effectiveness of life insurance contracts, explains the way that the legislation consummates the effectiveness of regulations of life insurance contracts and the way to make the legislation more scientific and compact.The author applies the analysis, analysis of value,relatively and analysis of cases to research and analyzes the establishment of life insurance contracts, taking effective, invalidity, alternation, release, termination and relate problems and also put forward some suggestions. The thesis consists of four parts.The first part studies and researches the establishment of life insurance contracts and invalidity. At first the relation between the establishment and taking effect is introduced. Based on this, the essential conditions of establishment are explained. The author also proposes some suggestions on the right range of insurance agent, how to deal with the related problems in case that the contract does not establish and states the detailed analysis of the important obligation prior to the contract in life insurance contracts----the duty of disclosure. Then explains specifically the essential conditions for life insurance contracts----insurance benefit, and then analyses the regulations on invalidity of other countries and regions from the point views of the legislate basis for the system of the invalidity in life insurance contracts, the causes for invalidity and the legal consequences. The second part discusses the sanction to the policyholder and the insurer from the angles of both sides. Based on the legislation abroad and the related theories, the author proposes some suggestions on the causes for the beneficial rights of the beneficiary.The third part discusses the censer and validity of recovery in the alternation of effectiveness in life insurance contracts. On the basis of the theories, the author discusses the causes, conditions and consequences of the above. And some related suggestions are proposed.The fourth part is about the regulation of the termination of life insurance contracts, and the author lists the right of release as an important and independent chapter and put forward her own suggestions on the systems of termination and right of release and its beginning dateThe thesis maintains that the final solution to the effectiveness in life insurance contacts lays on the alternation of legislation of insurance laws. It is important that some blank space should be made up and some content should be coordinated. It is hoped that the suggestions in the thesis will be helpful to the legislation of effectiveness of life insurance contracts.