On The Incontestable Clause Of Insurance Contract

In this dissertation,it is talking about incontestable clause that was based on question of our country's developing insurance,reason of itself,countermeasure of itself. It is one of the familiar standard life insurance contract clause, this clause is that the insurer can't cancel contract and reject to pay the money after the day of a certain term (2 years) since contract going to effect or contract effect again, unless the policy holder didn't pay the insurance. After the certain term, the insurer can't cancel the contract because the policy holder didn't talk the correlative things. The incontestable clause seem to press the insurer duty. But it is not, after studying the history of the incontestable clause, we get a effect of the boths side balance. it is a fair thing that the law want to get, make the insurance develop.In this dissertation, we talk about the history of the contestable clause. It is a sample of the international insurance first. The second is the clause the legislation ordain has a strong function.The birth of incontestable clause is base on jurisprudence. The insurer's right of interpretation contract is right of formation. It need be limited it's randomicity to hurt the policy holder. One another hand, it is a expected protection to policy holder and beneficiary. At the same time, it is based on developing system of the representation obligation, the incontestable clause may be making the law. Second, there are some social foundation on legislation of the incontestable clause and which content to make the law in the country legislation practice.The incontestable clause has matured in the developed insurance country and area. It has it's system in the country and area, and it's category and deraignment area is slowly overspreading. Through studying the question of corresponding insurance sorts,basic parts,the rang of defending exception of corresponding rang to incontestable clause. After analyzing, we look for some question,such as contract described dully,the contract undescribed case that policy holder dead in 2 years and the exception and so on. On this basic, we describe to build our country's incontestable clause system.To build our country incontestable clause system, we must know the applicable contract sorts to incontestable clause in legislation,the applicable condition and exception. We must build a excellence systems engineering for incontestable clause, such as inspection in law and restrict to the insurer's system superiority, perfecting the system of insurer checking, perfecting the system of insurance agent, overspreading our country media-institution.At the last part, it simply described the content and achievement of studing.