The Duty Of Disclosure In Insurance Law

There is a difference between broad sense and narrow sense in the obligation of representation in the law of insurance. The former includes representing in the whole valid period of the contract of insurance, including the obligation of informing when danger is to increase. The latter means one when contract staple is immediately agreed on. This thesis adopts the narrow sense of concept of the obligation of representation, which differences from the explanation obligation of the insurer. The contract of insurance is the greatest goodwill contract. Before insurers decide to accept insurance and estimate the rate, they investigate, but still depend on the materials offered by insureds who are most familiar with the concrete states of object, so as to estimate danger correctly, perfect the management and development of insurance. So, the obligation of representation is undoubtedly a peculiar system that is very important on the law of insurance. The laws of insurance of various countries regard the obligation of representation as the regulation of a legal obligation, but its content is not the same.The first part: Seek and tell the value foundation of the system of the obligation. Having examined the development of the principle of honest credit on the law of insurance with the social economic condition pregnant with it , analyzing the meaning the balance principle as a remarkable technological character of the contract of insurance has to the management of insurance, this part points out the legislative base of supporting in the above' two major value: the peculiar common group mutually helping nature on the law of insurance. It then draws a conclusion of legal foundation of the system of the obligation of representation.The second part: Analyze the composition of violating the obligation of representation. This text composes four parts as follows: subject, subjective fault, object, objective fault. Basedon the relevant regulations of the obligation of our country, focusing on the construction of the system in the future, through observing the dispute that the current regulation causes in the real affair and questions that are brought, consulting and drawing lessons from other national relevant legislation, theory and legal precedent, it puts forward my own understanding and opinion on the perfection of the relevant law regulation.The third part: Evaluate and analyze the legal consequence of violating the obligation of representation. Based on the conclusion of the second part, it proposes proportion reduce insurance money principle as a guidance to relieve the consequence of violation of the obligation. The ones that legislate to be introduced in the insurance represented by France standardize the mode brand-newly. It jumps out to be causality's say and fence who causality speak and prevent from either party of the insured and the insurer absolute quality whose interests " have not or have all completely" influence. It adopts new method and theory to solve and adjust too sharp interests conflict between the insurer and the insured because of violating the obligation of representation; put forward the model and extreme of the suitable proportion principle: the situation that the age is represented by mistake in the personal contract of insurance, at this moment, the content of representation is simple in fact; at last, put forward the questions and answers one by one under the doctrine of cancellation.