Research On The Rescinding Right Of Insurance Contract

Insurance is a kind of system created by human beings to resist the risk of living. It forms a risk community by combining the separate risk and then provides financial help and spread the risk. Insurance contract which is formed according to the law is a kind of civil legal relationship. It restricts both the parties while either party has no right to change or rescind the contract. The rescinding right of insurance contracts is an important part of our Insurance Law. Rescinding the insurance contracts is the process of rescinding an insurance contract according to law or appointments to terminate the contract. The insurance contract is tendentious and it has special reasons to be rescinded. And it's rescinding validity is complex. All these features make the rescinding of insurance contracts different from other contracts. Because the law offers general regulations only there are so many debates according to the meaning of insurance contracts, the reasonableness of legal rescinding right and the retrospect of rescinding the contract. In order to make the rescinding right much more suitable for our insurance system, this article provides some discussions. This article consists of introduction body and conclusion. And the body is divided into four parts.The first chapter introduces the development of mind according to rescinding right of insurance contracts. Then discusses the different understandings of rescinding of insurance contracts. Some scholars believe that one party of the insurance contract can rescind the contract in a reasonable time to terminate the contract. Some believe that the rescinding behavior makes the contract invalid from the beginning. And some believe that the contract can be rescinded by one party or both the parties when the rescinding causes happen. The writer analyses these opinions and comes to a definition. At last, this part compares some relevant conceptions such as the invalid insurance contract and the voidable insurance contract.The second chapter discusses the forms of rescinding insurance contracts. Firstly, there are two forms which refer to legal rescinding and appointed rescinding. The legal rescinding means that the contract can be rescinded by each party or both the parties when the legal causes happen. Then the writer analyses the causes leading to rescinding and gives some advice. Secondly, the appointed rescinding means each party can rescind the contract according to their appointments. The insurance contract is a special kind of contract. And the rescinding right reflects the national control. The third chapter agrees with the opinion that the parties of insurance contract have the right to rescind the contract. Then this part focuses on the related people and analyses whether they have the rescinding right or not. Especially in life insurance, when the person to insure, the insurant and the beneficiary are not the same person, the rescinding right can be inherited or not after the insuring person's death. And discusses how to define the rescinding person when the person to insure has been changed for some reasons. Then this part analyses the way of rescinding should be in written form. At last, this part summarizes the relevant aspects in the new Insurance Law.Chapter four discusses the retrospect of rescinding the contract and the responsibility of the insurer. There are several different opinions about the retrospect of rescinding the contract. Some believe the contract has the retrospect while some believe not. The writer analyses these opinions and gives some discussion. Then this part introduces the responsibility of the insurer.In conclusion, the writer provides some advice on completing the rescinding right of insurance contracts.