Discussion On The Obligation Of The Insured And The Insurer's Obligation

Objective of the thesisThe first principle of insurance contract is utmost good faith,both parties must obey this principle, and should fulfil their obligations. that is to say,the applicant shall make a full and accurate disclosure,and the insurer shall explain the contract terms and conditions to the applicant.It is concerned the protection of the applicant and the insurer's legal interests ,and key issue of the healthily development of insurance industry.nowdays ,the whole society appeal for good faith,it is necessary to discuss the hot issue.Method of study The writer of this book,with the method of jurisprudence to study the department law issue,on the bases of a wide and deep induction and analysis about the materials concerned both domestically and abroad,has made a systematic and multi-perspective studies on the principle of good faith of contract law and has gotten some conclusions with creativity.The thesis has to start with the principle of good faith of contract law,adopt the contrast techniques,show clearly to the view among the continent law,Anglo-American law,and Chinese law about the good faith problem,and obtain my opinion.I study the insurance law related to disclosue obligation of the applicant and explain obligation of the insurer,consider the specific characteristics of marine law,use the method of case analysis,reach my view.achievementsOne,to reveal the concept of the principle of good faith of contract law ,one should research from at least three aspects ,they are the form of value ,norm and fact.Two,the requirements of good faith to the insurance contracts parties,should be more strict than that of general civil activities.both parties should abide by the principle of good faith,not only from entering into an insurance contract ,but also during the perform period.Three,marine insurance contract is a kind of requiring absolute good faith contract,it is difficult to verify information provision of the applicant,the insurer is reliance on the representation by the applicant in issuing the policy at the specified premium.Four,A representation is any statement,oral or written,express or implied,made by the insured to the insurer which forms at least part of the basis on which the insurer decides to enter into the contract of insurance.Arepresentation does not become a term of the contract unless it is expressly incorporated into the written document,in which case it becomes a warranty or condition.If a representation of the insured is untrue or misleading,and is material to the risk,and is relied upon by the insurer in issuing the policy at the specified premium,the insurer can use this misrepresentation as grounds for avoidance of the policy at any time (unless the policy has become incontestable),or as a defense to payment of proceeds under the policy.Five, "The insurer shall,prior to the conclusion of an insurance contract,explain the contract terms and conditions to the applicant and may inquire about the subject matter of the insurance or person to be insured.the applicant shall make a full and accurate disclosure.""If there are any exclusion clauses imposed by the insurer in the insurance contract,then the insurer shall give specific and clear explanations there of to the applicant when concluding the insurance contract,otherwise such clauses shall not be enforceable."I think,in the interpretation of exclusion terms of insurance contract,the insurer should strictly implement the terms of the agreement.Six,the national insurance industry develop rapidly,we should not override the existing problems,such as life insurance marketmen misguide and claim delay.The insurance industry must pay much more attention to the situation,enhance oneself quality of sincerity service. ConclusionContract law is the most important law to regulate the exchange relations among the equal subjects in the market economy.The function of the principle of good faith in contract law is being in so great tendency of growth that it has taken the main po...