Research On The Insurance Contract Termination System

The new revision of Insurance Law having official execution in October 1,2009. While, which adopting the view of generalized termination, thought that the contract termination equates in the contract elimination. Insurance Contract Termination System, which mainly refers to the legal right of insurer to terminate the insurance contract, is one important part of insurance law, for it has embraced nearly all the contents of termination systems in insurance Law. According to the basic theory in continental Laws, the applicant's request to terminate the insurance contract is actually one form of contract ending. However, to the author's understanding, Insurance Contract Termination System should deal with the insurer's legal termination right no matter in legislation or in practical afairs, so that there is theoretical and practical significance in studying this subject. Honestly, due to the lack of theoretical support, there are still some points that need to be further examined in Insurance Contract Termination System. This essay dwell systematically on the causes, the execution and the efect of the insurer's termination right, based on the common theories of continental laws and given the characteristics of insurance contract. In addition, it further puts forward some suggestions on how to perfect our insurance law.The essay can be divided into four parts:The first part is about some common theories of insurer's legal right to termination insurance contract. First of all, introduce the concept of "termination". List the three views on the termination, which including of the view of parallel, the view of contains and the view of partly contains. Second, the discrimination between the contract termination and contract ending. researchers are always arguing about the efects of contract termination, but the writer insists that contract termination take effects from its beginning. Third, the discrimination between the contract termination and the contract cancellation. The definition of insurer's legal right to terminate insurance contract, is that insurers execute the right of termination when legal reasons happen. Finally, to analysis the insurance contract termination system in the field of nature and the localization. Insurance contract termination and insurance contract ending are basically different from each other and they cannot be mixed together.The second part is about the comparison of models of foreign legislation. Prominent examples in Germany, Japan, Taiwan's attitude to the termination of insurance contract. By comparing, found that the inadequacies of China's legislation and a good way to perfect. In the process of described, first study the system of the termination in the field of civil law, and then extended to a comparative study in the field of insurance law. In comparison, found that there are three kinds of models: Parallel/Contains/Partly Contains.The third part is about the mode selection in China's legislation and problems. The first, compare the old insurance law with the new one, found that legislators change in attitudethe about the relationship between the cancellation and termination. And then, study the reasons, analysis of the consequences. The ultimate goal is to find ways to improve the termination system. First, list the question item by item. Second, analysis the reason. Finally, seeks the ways and means to solve these problems.The four part is the perfection of our country's insurance law. The Insurance Contract Termination System in Chinese insurance Law lacks integrity. Conceptions of contract termination and of contract ending are not clear, so with the effects of contracts termination. The author views that clearing out the validity of the insurance termination and adding the principles way deadline of execution of the legal right to insurer's termination in our Chinese insurance law. And in this part, some concrete legislation suggestions would be raised on the perfection of the insurance contract termination system in Chinese Insurance Law. This part is divided into four sections: The first section is about the obligee of the legal right of contract termination, including insurer and insured. The second section is about the exercises way, time and limit of the termination right. The third section is about the exercises situation of the termination right. This section has the pivotal function in the entire paper. The fourth section, is the legal consequences of termination right.