Study On The Doctrine Of Expectation Of The Insurance Law

Contract justice is the ultimate pursuit of contract law,and the Insurance Law of the modern subject -- the effective protection of the interests of insurance consumers, is just a manifestation of a contract. The Doctrine of Expectation as a leading priority to the interests of consumers of law to protect the insurance benefits trend is consistent with theoretical development and social needs arising from. At present, for the lack of systemic analysis of this prnciple in China,this eyssy I intend to introduce and evaluate the Doctrine of Expectation and principle comprehensicel by discussing its evolution, functions, status, practices and applications in the Insurance Law in the United States. Another important isue of this essay is to discuss the prospects of the Doctrine of Expectation respectively in the Insurance Law in U.S and Chinese insurance law.Therefore the framework of this essay as simple as the following: The first part is the doctrine of expectation background, the development history historical evolution, the definition and characters of the concept. Reasonably be expected to arise through the rule of the development of the doctrine of expectation of the connotation of the main factors, combined with the principles comprehensive and reasonable, and accurate definition.The second part is the value of the docrtine of expection. Reasonably be expected to principle as an emerging principle of insurance contract interpretation is bound to have their own values and functions. However, for the value and function of this principle, there are still different views and arguments in this section will elaborate on them.In the third part of the essay,I reviews the doctrion of expecataion of "reasonable expectations" standard of construction. Although the positive significance of the principle of reasonable expectations should be affirmed and respected, we can not ignore the principle problems with produce at the beginning, which makes how to build a standard application of the principle of reasonable expectations to become a critical issue. In this essay, "objective", "reasonable" in two aspects, the principles of standards in the construction of gave a comprehensive explanation. The forth part is the application of the Doctrine of Expectation. How to apply is the core of a system. Applicable to a system of several of the most important question is: for the premise of exclusions, applicable restrictions, applicable rank. In this essay, the doctrine of expectation to arise in the development of the more controversial of the two points of view to start with a reasonable expectation that the principle is independent of the Contra Proferentem and its application does not in policy terms there is doubt as a precondition. The doctine expectation has been established through the the United States case law, where applicable, cases are mostly in their practice in the U.S. insurance industry are summarized. Of course, the principle of reasonable expectations is not a panacea, it should be subject to certain very limited. Also through the application of a description specified in rank is not only the principle of reasonable expectations is not a universal principle of interpretation, but also in the application of equal in rank nor does it have priority status.In part V,through the insurance legislation and the judiciary of our problems in the finishing, combined with China's insurance practice in the case, reasonably be expected to summarize the principles of the reference value of China's Insurance Law and proposed legislative proposals.