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The Study On The Obligation Of Interpretation On Clauses Of The Insurer

Posted on:2011-05-16Degree:MasterType:Thesis
Country:ChinaCandidate:J WangFull Text:PDF
GTID:2166360305979804Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As the consumer-oriented features of insurance transactions outstanding, the transaction capabalities between the insurer and the insured have a great distance, so their mastery of the insurance knowledge and the product information is extremely unbalance.The insured reles on the insurer at the terms of insurance for the understanding.At the same time ,the insurers use the terms of the insurance fraud, prevarication the objective fact that has led to crisis of confidence in the insurance to the public.In this case, the perfection of the insurers'obligations to explain of the contract can reduce a weak position of the insured in the conclusion of insurance contract information-gathering and pay attention to the risk of contracting. So, explain to strengthen the insurer contracting obligation to be an inevitable choice .The topic of this article is on the obligation of Interpretation on clauses of the Insurer. The study of domestic and foreign insurers to the obligations is by the comparative analysis, literature review and empirical analysis methods. Reveals the major problems existing of the China.The obligation of the insurer contracting requirements and the legal consequences of breach of the obligation is explained and analysised.It explains the insurance obligation of China to improve the number of proposals of people contracting. I hope to make a small contribution to the development of the cause to the insurance law of China.This paper consists of three parts: preface, main content and conclusion. There are five chapters of main content which is from problem presentation, to analysis part, and finally conclusion. Preamble is the background and the path of method.Apart from preface and Conclusion, the writing is consisting of five parts:Chapter one is the basis of the obligations of the contracting insurers theoretical development and status analysis. Explains the theory of the development and evolution illustrates the performance of the obligation to indicate the status by analyzing the domestic and international obligations of the insurer. And put forward the existing legal system indicating that a sound system of the insurance obligation of China to let people know there is real need.Chapter two of the study involves the concept and theoretical basis for analysis. The obligation has a statutory,motivation and the first contractual characteristics.To A certain extent, more or less uptake of estoppel and waiver of part of the content. After that it analysies the theoretical basis for the obligation, such a the prinsciple of utmost good faith, meaning self-rule, go along with the contract theory and the theory of asymmetric information.Chapter three of the empirical analysies is to resolve the insurer contracting note obligations required. Analysis of the insurance obligation to explain the basic elements of the insurer contracting note the time and content of the focus of analysis; after that it analysies the exemption from liability clause of the note insurer obligation. Clear exemption from liability insurance, the content of the entry into force of extension and the corresponding provisions of the premise and narrative format.Chapter four is distinguish between the terms of the contract of insurance.It is divided into common, statutory exemption, and custom exemption clauses, it analyzes a variety of insurance, breach of insurance contract provision to the obligations of legal consequences.Chapter five is solving all the issue. It combination with the development of the insurance of China to indicate the status of the obligation. To build the insurance of China shoud to indicate the obligations of the relevant system and operating mechanism and supporting systems as well as make their own legal advice.It is in order to improve the description of insurance obligations of China.The final part is a summary of this article, recapitulating the central thesis of this article, as a conclusion which serves as a conclusion.
Keywords/Search Tags:Obligations of the insurer, exemption from liability insurer, the principle of utmost good faith, cooling-off period
PDF Full Text Request
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