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On The Principle Of Utmost Good Faith, Of The Insurance Law

Posted on:2003-12-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y R LiuFull Text:PDF
GTID:2206360092481493Subject:International Law
Abstract/Summary:PDF Full Text Request
Currently, in china and even in the world ,the credit crisis has been an important issue concerning whether the market economy can run in a healthy way .It is imperative to establish a insurance market which needs amplify necessary rules and regulations. Being an important principle of the insurance law, the principle of utmost good faith has not been established in the insurance law, and it will definitely influence the legal practice of insurance cases. By expounding the principle of utmost good faith comparatively completely, the thesis aims to do some benefit to the legislation of insurance law.Firstly, the thesis expounds the nature, function and evolution of the principle of good faith and then compares the principle of good faith and the principle of utmost good faith. In the traditional theory, the principle of utmost good faith is just regarded as the reflection of the principle of good faith in the insurance law. But the author thinks the relations between the two principles can not be treated in such a simple way. Then the thesis discusses the functions of the principle of utmost good faith and the relations between this principle and the other principles of the insurance law and draws the conclusion that the principle of utmost good faith is the basis of other principles.Secondly, the thesis puts it emphasis on that the principle of utmost good faith shall bind all the parties of the insurance contract .According to the traditional theoryonly the insured is bound by the principle of utmost good faith, but in this thesis the author argues that the principle of utmost good faith has binding force to each party of the insurance contract. And in this part, the thesis also introduces the specific regulations of the principle of utmost good faith , such as waiver, estoppel and so on. At last, the thesis introduces the remedies to each party when the other party hasbreached the principle of utmost good faith .Through the analysis above, I think the insurance law is established on the principle of utmost good faith. While our country has adopted the system of civil law insome way, I think when we introduce the utmost good faith, it should be made integrated with other concepts of the continental legal system. The conclusion of the thesis is that since the insurance law is established on the principle of utmost good faith, this principle should be stipulated as the general principle of the insurance law which at the same time also includes some specific regulations.Liu Yingrong (International law) Directed by Prof. Yao Hongxiu...
Keywords/Search Tags:the principle of utmost good faith, the principle of good faith, the insured, the insurer, moral hazard
PDF Full Text Request
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