Research On Duty Of Notification Of Increasing Risk

Duty of notification of increasing risk is a legal duty of insurant, which can be used to settle information dissymmetry; control moral risk; keep the balance of interested parties; and improve the underwriting. Article 37 of Insurance Law of P.R.China refers to the duty of notification of increasing risk, but it is too simple to be implemented in practice. The author makes deep research on the duty of notification of increasing risk, and hopes to be helpful for insurance legislation consummation in future.The dissertation can be divided into three chapters.Chapter 1 The overview of duty of notification of increasing risk. In this chapter, the author makes comparison among duty of notification of increasing risk, duty of telling the truth, and duty of notification; analyses their legal basis and characters; concludes different legislations in several countries, and let the readers understand duty of notification of increasing risk more clearly and comprehensively.Chapter 2 Performance of duty of notification of increasing risk. At the outset, the author introduces performance subjective, time limitation, performance manners and other relative things. Secondly, the author discusses the legal result of the duty, and analyses how the insurant uses option and cancellation rights properly.Chapter 3 Existing problems and consummation suggestions. Within the chapter, the author concludes the problems existing in judicial practices and judgments, and suggests that we should substitute termination right for cancellation right; distinguish subjective and objective risks; and expand the duty of notification of increasing risk to life insurance contract conditionally.