On The Application Of The Principle Of Utmost Good Faith "in The Insurance Act

The article introduces and addresses the application of the utmost good faith as the elementary principle of Insurance Law in the fields of Insurance Law through the analysis into the utmost good faith. The article is put into five chapters.The first chapter is to introduce the utmost good faith. This chapter analyzes the definition, origin and development of the utmost good faith and the request to the good faith in the broadly existed insurance fraud and synchronously introduces the application of the honesty and credit as the legitimate basic theory of the utmost good faith in the Civil and Business Law to further discuss the effect of the utmost good faith in the Insurance Law.The second chapter is to analyze the specific regulations and rules of the application of the utmost good faith in the insurance law: the establishment of the disclosure obligation. We are to understand how to decide the disclosure obligation through the analysis to the disclosure subject, the introduction to disclosure time and pattern, the definition of the material facts, the analysis of the legitimate aftermaths of the offence of disclosure obligation. At the same time, the content of disclosure is to be discussed at the point. For the explanation obligation of the insurer stipulated in the Insurance Law of PRC, the passage considers it to be the same.The third chapter is to further analyze the specific regulations and rules of the application of the utmost good faith in the insurance law: the establishment of the warranty in the insurance law. Different from the general warranty, the warranty in the insurance law is one unique regulation.