Inform Insurance Institutional Research Applicant

Inform obligation is to show policy-holder is in conclude when insurance contract, should be knows or should know and insurance mark important items related to the underwriter specification. In our country insurance contract inform obligation system from the history of the development of the gradual development of protection to protect policy-holder and insurant. In that way established principle asked. Policy-holder is insurant requirements in only bear inform obligation. The inquiry. Inform obligation to breach is not only declared or concealment or error reporting requirements, not the behavior of subjective fault or elements. Inform obligation of legal effect for the underwriter may terminate the contract or to refuse to undertake the payment obligation. 2009, "insurance law" the revision, pay attention to the protection of benefit, policy-holder insurant because policy-holder breach of duty of disclosure, and enjoy the rescission of refused to manage the right. Policy-holder should be fulfilled inform obligation, insurant is as the obligor shall inform truthfully biggish dispute. View is based on the principle of utmost good faith, and shall also perform insured inform obligation. Just acting system, which is based on the performance of agents acting contract and its duty of agency by the legal consequence of agent in China, therefore, the agent shall be prescribed underwriter insurance agent shall enjoy on its delivery within the scope authorized by right. Inform Insurant should also note that the power to restrict insurance agents, the relevant provisions, and shall perform obligations specified in such limitations, shall conclude a contract with policy-holder is when to inform. In fact, truthfully inform truthfully inform the applicant is required to insurance, is not relevant facts about the relevant insurance mark all matters. Policy-holder is only when inform obligation, assume that range and its knows or should know. For matters not influence the risk assessment without informed. For policy-holder inform obligation constitutes violation of subjective factor and the objective requirements. Inform obligation to policy-holder insurant has set the violation and refused to give terminate two legal effect, compensate for disobeyed inform obligation provided the legal consequence of the rescission of the exercise. The right to terminate a contract for the limits of the general rule of inform obligation to policy-holder introduces cannot contradictory clause. Due to remove insurance contract will make policy-holder and insurant lost insurance, mainly through abstained, estoppel and defense system to implement, or through establishing during the rescission. Our new insurance through setting cannot contradictory clause that insurant remove insurance contract deadline by two aspects: one is the limit that has lifted the reason, is within 30 days as of the date of the contract of insurance of 2 years. Finally, in policy-holder told defects in legislative Suggestions on legislation. Specific content is about the system to inform obligation to limit, the way to further clarify the legislation, at the same time, apply for to malicious fraud exception of cannot contradictory clause.Specifically, the introduction and conclusion besides, is divided into five parts.The first part is to inform obligation overview. This paper firstly introduces the concept of inform obligation, Historical origin, truthfully inform the historical evolution of the system. Discusses the theoretical basis of facts.The second part, discusses the main form truthfully inform. Including the obligor shall inform truthfully inform obligation of facts, scope and time.The third part of policy-holder breach of duty of disclosure, the composition is discussed. Introduce the subjective and objective aspects of breach of duty of disclosure.The fourth part, mainly discussed the legal consequence of illegal inform obligation to terminate the contract, the underwriter lawfully exercise right to terminate a contract, and to exercise its right to terminate a contract.The fifth part in China, points out that the legislation on the applicant told defects and puts forward Suggestions.