The Research On The Rescission Of Insurance Contract

Rescission of the insurance contract as an important part of the insurance law has the larger revision in the insurance law amendments. The revised articles have the greater substantive change, but in some articles, they have the insufficiency. Rescission of the insurance contract is the legal act that one or both parties who have right to rescind insurance contract with specific juristic facts, under the insurance contract or law, make expression of intention relate to rescind the insurance contract, in order to effect of rescind contract. Insurance contract has the different characteristics by comparison with the general contract, so the rescission of insurance contract and the contract have the different, which include the law applicable and legal status and others. The insurance law in the insurance contract has made in more general regulations, and the problem of details don't regulate or inadequate. These problems have resulted in the actual operation, which often take place the troubles of law application. More disputes about the rescission of insurance contract come off, and it block harmonious development of the social.Against the problems of rescind insurance contract, the paper will spread by focusing on rescission of the insurance contract. It begins from the overview of rescind insurance contract, describe the right of rescission to execute, period of time and the difference between rescission of insurance contract and the relevant concepts. Then it is from the effects of rescind the insurance contract, in order to talk about the effect of rescission to give different parties. It finds out the deficiency from the rescission of insurance contract. Finally, it gives the suggestion of improvement about the regulation of rescind insurance contract.By the research of rescind insurance contract, the paper analyzes the deficiency of regulation to rescind insurance contract and standardizes the parties'behaviors, and balances the interests of the parties, reduces the legal disputes of rescind insurance contract.