Researches On The Obligation Of The Insured To Disclose

In this paper, ideas about how to improve our system of the insured's obligations to disclose have been tried to be proposed under the premise of clarifying its basic theory and related systems, through the study of other countries'insurance legislation, combined with China's current legislative situation, in order to make a complete study and research on this system.In particular, this paper is divided into four parts:The first part is the basic theory about the system of the insured's obligation to disclose. Obligations to inform of the insured, its basic meaning is the relevant disclosure made by the insured when insurance contract is made. Its legal ground is principle of good faith and theory of estimation of dangerous. This obligation to inform of the insured begins in the period of marine insurance, and it experiences evolution from the habit - the case - the statutory law. In spite of time and space transformation, historical change, values of encouraging honest transactions, saving transaction costs and achieving a balance make the existence of the system necessary.The second part deals with the basic structure of this system, which is not only the emphasis but also the difficulty of this paper. The subject and the relative of this obligation to inform are not limited to the people who are insured or insurer, but also include other relevant personnel. The scope of the obligation to inform is important facts related to risk assessment, while the law does not require the insured to inform all the facts when pursuing limited doctrine today. Generally states provide the time for the obligation of disclosure is the time when insurance contract is performed. However, there are more controversial about the performance of the obligations to inform in insurance practice.The third part deals with the legislative investigation of countries in the world about this system. It focuses on the relevant provisions of this system of the United Kingdom, the United States, Germany, Japan, these four countries whose insurance legislation are more developed, with the aim of searching for thought which are suitable for our system of the insured's obligation to inform.The fourth part is about reflections on building our country's system of the insured's obligation to inform. This chapter regards the system in the current insurance law as the object of study, combined with advanced foreign legislation and jurisprudence, introducing the "increased risk method" and "objective and reasonable insurer" judgment standards to determine the scope of the insured's obligation; In the time of performance, period of the insured to fulfill the obligations of disclosure and a few exceptions should be clearly; And exemption of this obligation should also be included as the matter insurer has not asked about, the matter insurer is aware of or insured can not be known, in order to achieve the purpose of protecting parties'legitimate rights and regulating the insurance markets.