Insurance Contract Of Utmost Good Faith Principle Study

Along with the economic development, insurance plays more and more important function in economic life. Insurance is used as a kind of system whose target of contract is not for general merchandise or economic phenomenon, say tangibly, but economic indetermination in the behaviors. This kind of insurance object and speciality that insurers separate, come to a decision that in insurance activity the ineluctability exists in the dissymmetry circumstance of the information. Therefore good faith principle is very important in insurance field. But the insurance contract carries insurance conduct and activity, that is, it condenses the standard of the related insurance activity. Therefore analyze the related problem of the insurance contract has great benefits for people to understand the whole insurance activities.The full text is divided into totally four chapters. Each of the concrete contents is as follows:Chapter One tells general theories on good faith principle. Honesty and faith is kinds of virtues since ancient times, it request people to treat other people with the honest mind in open heart, but it was not a legal principle when it emerged. Firstly, the article introduces the content of the trustworthiness idea and its value, clarify trustworthiness which is a kind of quality or morals norm, and is a gold rule of market economy. Secondly, the article introduces the formation process of the Good Faith Principle .Since 《 Switzerland civil code 》 establishing the Good Faith Principle, the trustworthiness has been developed from a kind of morals norm to the position of one of the basic principles of civil law. Thirdly, since our country established the Good Faith Principle in 1986, many scholars of our country have made all kinds of views on the Good Faith Principle problems. They think that the Good Faith Principle has the contents of making up the shortage of hard law in ruling, giving the judge with certainly of the freedom to deal cases. That is to say, the Good Faith Principle still has the meaning about fair and justice in modern time. Thirdly, the article expatiates the functions of the Good Faith Principle and its realistic meaning in judicial realm .The functions of the Good Faith Principle include leading the parties of contract to perform their rights and their obligations; explaining, evaluating, supplementing the legal act; explaining, supplementing the law. In a short, Good Faith Principle is not only a principle about obeying the law but also a judicial principle. Finally, the article makes an emphasis on analyzing the Good Faith Principle of insurance contract. The Good Faith Principle of the insurance contract is the most Good Faith Principle which called Utmost Good Faith Principle.Chapter Two emphasizes to analyze the compulsory composing in policy holder, insured, beneficiary's trustworthiness duty in insurance contract and its perfect. The trustworthiness duty of the policy holder, insured, beneficiary includes two content: telling primarily and guarantee. Telling primarily emphasizes to be honest, guarantee emphasizes to keep promise, both together construct the behavioral trustworthiness in insurance contract between policy holder or insured, beneficiary from different levels. This chapter has two sections, the first section analysis the trustworthiness composing of the policy holder, insured, beneficiary's, including the " the analysis of the duty of telling primarily" and" the analysis of guarantee". The last section analyzes how to perfect the policy holder, insured, beneficiary's trustworthiness. This section also is divided into two parts:"How to explicit the telling duty" and" Add up the guarantees aspect of insurance contract".Chapter Three tries to analyze the constitution and perfection of insurer trustworthiness duty. This chapter also is divided into two sections. Section one is" insurer trustworthiness duty constitutes" and Section two is" Perfect trustworthiness compulsory of insurer".Chapter Four is" Complement of the re...