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On The Application Of The Principle Of Good Faith In Insurance Law

Posted on:2002-09-03Degree:MasterType:Thesis
Country:ChinaCandidate:H B XiaoFull Text:PDF
GTID:2206360032454228Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The principle ood faith is one of the fundamental principles in modern civil and commercial law. Insurance contract is tmost good faith contract .Thcrefore, it is quite necessary to study the application of good faith principle to insurance law. The thesis consists of 4 parts. The first part expounds the meaning of good faith principle, its establishment in civil and commercial law and insurance law further. The second part expounds the application of the principle to insurance law. Its application is mainly the good faith obligations of each party. The obligations of the insured include the duty of disclosure, the duty of notifying when the risks increase, the duty to notify when the dangers happen and the duty to assist the insurer in subrogation. The obligations of the insurer are the duty to state the insurance contract clearly, the duty to compensate and give the beneficiary premium. The obligations of the beneficiary are not to do harm to the insured and other beneficiaries. The third part classifies the good faith duties in the insurance law of P.R.C and analyzes them. The author also puts forward some advice to perfect it The fourth part mainly discusses the problems existed nowadays and puts forward some advice.
Keywords/Search Tags:Good faith principle, Insurance, law, Application
PDF Full Text Request
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