The Insurance Contract Interpretation In The Study Of The Principles Of Reasonable Expectation

Reasonable Expectation Principle, a new-emerging principle of the insurance contract interpretation, refers that one should take the reasonable expectation, which is aroused by the insurer or insured's covenanted purpose of the contract, as the starting point when the client has dispute in the interpretation of the insurance content. The principle is the concrete manifestation of thought of spirit law in insurance contract about the regulation in overflowing model contract, the pursuit of justice in contract law in the real meaning. It is of great importance in protecting the interests of the insured or the insurer and promoting the development of insurance industry.Since the principle of reasonable expectations generated,it has been controversial, which is mainly because first, the theory is not only a departure from the principle of "strict and explicit terms of the contract to perform" and the basic principles of contract law, and beyond the traditional theory of the insurance contract interpretation; Second, in practice, there is doubt whether the principle should be based on in terms of the contract for the application of the premise, and "reasonable" standard is difficult to grasp. With this regard, looking at the views of scholars demestic and abroad, generally, only one aspect of the principle is involved in the exploration, not yet fully comprehensive, systemetic ones. Therefore, it is necessary both in theory and practice, to explore the principle in ways of in-depth, comprehensive, systematic.From the view in origin of the reasonable expectation principle, its emergence has deep social heritage and profound historical background. In order to comform to the development of social economy and cope with the change of reality, it is proposed and then develops in insurance contract.To analyze the principle of reasonable expectations from the legal point of view, it is found that the principle is force to emerge to pursuit the real meaning of contract, when the client's freedom of contract and atonomy of will are limited, as well as the traditional contract theory is unable to protect the legitimate interests of the disadvantaged party, which is due to the large use of model contract caused by disparity in economy status under the circumstances of monopoly capitalism and mass social production. It is the change and innovation of traditional contract theory based on actual changes. It is also the self-transcendence and development of specific theory and system for the value of law.Through the comparison and analysis of the reasonable expectation and other interpretation principles in insurance contract, it is able to get that it only could be applied when the insurer or insured's rights and interests can not be protected by other interpretation principles in insurance contract.In practice, the principle of reasonable expectations is not based on the existence of ambiguity in policy provisions, but should hold the rationality of expectation considering the objective and subjective conditions of the insured, and the insurer cognitive ability of the insured's expectation.Meanwhile, the application of reasonable expectations has some limits in only standard clauses, but not clauses of state laws and administrative laws. In short, the principle of reasonable expectation plays a very good limit in the insured person institutional superiority, effectively balances the rights and interests of the parties.The essence of reasonable expectation principle derserves learning of the insurance law in our country.