On The Instructions Of The Insurer Obligations

As a new and special system, the explaining obligation is foundation of the operation of insurance industry .Without it, there will be no steady development of the insurance industry. At the same time, explaining obligation system is a theory causing controversy easily .This paper ,from a comparative angle , tries to make a thorough research of the basic problems of the-explaining-duty system , such as its reasonable basis , its basic categories , its improvement etc .The article is divided into four parts .The first part : Basic problem of the insurer's explaining-duty system . Explaining duty means the insurer should explain policy of insurance clearly while entering into an insurance contract with the insured . It is a legal duty without any limitation, or dismission . This part also explores difference and contact between explaining duty and informing duty , so as to have a better understanding of explaining duty.The second part: Lawmaking basis of the explaining duty . This part illustrates the reguest to protect holder, the requirement of maxim sincerity principle and unanimity of parties concerned and their rationality as lawmaking foundation.Because the format of the insurance contact item and the minority position of the policy , insurance lawregulates it is the duty of the insurer to give a clear explanation ,so as to strengthen the stipulation toward the format contact , equilibrium both parties's benefits and correct their inequality position.The third part: Basic category of explaining obligation .This part focuses on its applying scope ,connotation, standard and the corpus etc . They play an important role in protecting the holder's rights .Because both parties in insurance contract are in a position of obvious information reciprocity,it is the duty of the insurer and the insurance agent to explain the format item clearly before making the contract.The forth part: Improvement of explaining obligation policy. This part illustrates that it is necessay to make a detailed regulation in applying scope, explanatory standard and ways and the legal result, because there will be hard to understand and operate if they are too principle and general . At the same time ,we shonld strength judicatory ,reform inspect insurance supervision organization by way of lawmaking and ad ministration of justice...