On The Identification And Processing Of The Insurance Contract Does Not Hold And Invalid

Since there are many suits to which the key for settling is to adjudge whether theinsurance contract has already come into being and whether the insurance contract isinvalid, we need a general criterion and a principle to dispose on.Insurance contract is a kind of aleatory contracts, and many of the insurancecontracts are loss-compensating. Because of this characteristic, insurance contracts aredifferent from other contracts on the cause of invalidation. In the first part of thearticle the author states the special cause. According to the cause, the author bringsforward an operational criterion in the second part of the article.The underwriter is responsible for providing a kind of insurance, while thepolicy-holder defraying insurance premium. Insurance is immaterial, and it cantransfer into property on condition of the occurring of the accident . So in the thirdpart of the article ,the author brings forward the method of dealing with the insurancecontract dissension, on the base of the theory of the reliance interest and itscompensation in the establish of contracts.During the course of handling the suits of insurance contracts which are invalid,we find that there are some issues can be brought out solely. Such as whether theregulation of repeated insurance should be used in the insurance whose object ishealth and life of human, and the insurable interest etc. The insurance law in ourcountry is not very perfect. So in the forth part of the article the author discuss theseissues and points out the view on how to settle them.