On The Insurance Contract The Obligation Of Informing

The duty of disclosure is a unique system in insurance law. It is the foundation of the insurance industry that works reasonably. The building of the reasonable and scientific duty of disclosure is the foundation of managing steadily and developing orderly of the insurance industry.The duty of disclosure system has got the prominent position in insurance law. In our country, litigation concerning the duty of disclosure steadily on the increase in recent years, usually the policyholder loses in lawsuit, the reason that policyholder loses in lawsuit is his conceal facts or dishonest tell. Therefore, we have to study the duty of disclosure system of our country, the current《Insurance law》has no clear definition to the duty of disclosure, the person and the contents to the duty of disclosure and breach the duty of disclosure is not perfect enough ,the legislative loophole and disperfect left the insurer the space of the elusion duty, on the other hand also bring many inconvenience to the court while taking up related case. Therefore, there is necessity to clarify the contents of the duty of disclosure system, analysis its concrete rule and set up the general norm system of the duty of disclosure.This text tries to start from the concept of the duty of disclosure, definite the implements problem of the duty of disclosure, analyze the consequence of violating the duty of disclosure and put forward my own views on the duty of disclosure.The full text divides into four chapters altogether. The first chapter limits the nature of the duty of disclosure. This chapter starts from the source of the term disclosure, shows the meaning of the duty of disclosure; analyzes the basic classification to the duty of disclosure and distinction to the duty of explaination. Basis on reading various theories, limited the nature of the duty of disclosure.The second chapter Study the corpus of the duty of disclosure. This chapter mainly solutes the problem " who must implement the duty of disclosure", firstly make sure that the policyholder is the leagal corpus,secondly analyze when the policyholder and the insured is not one person, the person who implement the duty of disclosure besides policyholder, should still include the insured, thirdly discuss the beneficiary do not have the duty to implement the duty of disclosure.The third chapter mainly researches the Scope of the duty of disclosure. This chapter mainly solutes the problem " Tell what", I put forward my own views from both subjective and objective side. Especially the exception situation of the duty of disclosure, clearly definite" the facts insurer known and should know,the person who implement the duty of disclosure can't know and the insurers do not ask" as the exception situation.The fourth chapter analyzes the legal composition and consequence of violating the duty of disclosure. Violating the duty of disclose must simultaneously have subjective and objective important document.. One is that there is the corpus's mistake. The other is that there is behavior which the corpus doesn't disclose truthfully. I Put forward my own views on the law result which is also the creative parter in this text.