The System On The Disclosure Duty

This obligation refers to the insured and insurers before the contract, the insured must inform the insurer with the knowledge, and with the subject matter of insurance-related, whether the decision of the insurance underwriting or what rates have important implications for the underwriting . This obligation by the insurer to fulfill the obligation of disclosure in order to understand the main subject-matter insured or the insurer of relevant information in order to decide whether to underwrite or underwriting in which the premium rate, so the main obligation to fulfill the obligation to inform the insurer in terms of great significance .In this paper, through the obligation to inform the insurance law analysis of the system, combined with the typical case, described the system in practice, shortcomings and make sound recommendations with a view to subsequent judicial interpretations can be resolved. Purpose of the study is through a systematic analysis of this obligations system to effectively strengthening of parties to the contract of insurance to protect the legitimate rights and interests, with the greatest efforts to prevent the emergence of insurance fraud in order to facilitate the healthy development of China's insurance market.This paper is divided into four parts:The first part of the Insurance Act, this system would produce a prerequisite for the obligation to inform the content of the obligation to inform the nature of the obligation to do a detailed description of a concrete analysis of this obligations of the system below lay a solid theoretical basis.In the first part of the second part, based on the specific combination of a typical case of the obligation to inform the main body of the system to inform the manner and performance of the obligation to explore the content of this obligation. Personal insurance and then proposed to inform the principal obligations should include the insured and the insured person; in property insurance, the insured and the insured is not the same person, even when the insured person known to the insurance contract and insurance entered into the subject of , and should not bear the obligation to truthfully inform; informed manner to question the use of Marxism in practice, problems that exist in point of view.The third part of the legal consequences of breach of this obligation can not defend the rules as well as the obligation to waive this issue is discussed. And on this basis, suggested that we should further improve the conditions of `application of the rules can not be invoked to increase the exemption from this obligation to the case, the insurance people have known the matter, according to common sense an insurer of known issues and do not require a statement by the insurer informed of the matter classified as exempt from this obligation to inform the subject matter.The fourth part of the obligation to inform the operation of the system in practice to make a few problems in the comprehensive proposal.