Disclosure Of Obligation To Violate: The Practice Of The Grantor To Remove The Right

Seen from our country "insurance law" the legal right of cancellation settings can be, the law in their efforts to achieve such a situation:as long as the insured to the insured and the insured risk to insured, then the law to keep the insurance contract is always valid, unless it is insured themselves choose to withdraw. so that the insurer undertakes the part of the government function. However, in the current insurance practice, the insured and the insurer sides are unequal, information asymmetry, so there is plenty of the insurer’s abuse of right of rescission situation exists, damage the interests of policy holders. At the same time, there existed the insured malicious fraudulent cases.This paper is divided into four parts, the first is listed three in the case of breaching the duty of disclosure the insurer to exercise the cancellation right of the relevant cases, and one of them makes an analysis on problems related to reflect. Secondly, general provisions of termination right the basic concepts and characteristics of the insurer in China, insurance contracts and the legislative purpose of giving the right to rescind insurance people described. The third part is about the insurance contract termination is expounded and enjoy exercise. The fourth part is the practice in the insurance, the analysis of some typical problems of violation of insurance disclosure duty right of rescission of the case. Time limit problem, namely to exercise the right to terminate the insurance contract delay whether people enjoy the right to rescind insurance claims issues, the insurer exercising the right to terminate the service, the insurer to exercise the right to terminate the estoppel problem, the insurer the right to revoke the contract right of cancellation and the relationship between the five aspects of the problem are analyzed and discussed, and put forward relevant proposals.