On The Insurance Duty Of Disclosure

The duty of disclosure, as an old and unique system in insurance law, is the foundation of the insurance industry that make it works reasonably. Without the the reasonable and scientific building of the duty of disclosure, it is impossible that the insurance industry develops steadily and orderly. But in our country,the legality of this kind of system is rough so that the dispute happen frequently. In this thesis the writer wohld like to analyze these problems and put forward the suggestions of his own. The following is the brief chapters:First chapter, based on the in-depth study of the nature of the obligation and the origins of the the duty of disclosure, the writer particularity talks of the characteristic and the theory resources of the disclosure. Because asymmetric information, the insurer must depend on the facts that the insured informed to determine whether accept or underwriting insurance rates. The unique nature of the disclosure appears its ante- contractual obligations and non-fully; We should research the resources of the creation of the disclosure from different perspectives like economic and the human nature. Chapter II, listing the legislations of different countries,the writer is willing to saythat we should learn more from the advanced legislations. The insurance industry has been revitalized in less than 30 years , the legislation is still in the exploratory stage. Learning from the developed countries advanced legislation is a necessary path. Based on national conditions, we should continuously improve the insurance system of laws and regulations.Chapter III, in accordance with the analying the fulfilment of the obligation of disclosure, some problems are researched just like the fulfiller of the obligation,the, the scope and content and so on..Based on the study of this, the writer try to put forward his own views. By comparing the methods, and feasibility studies related to the above problems and the inadequacies of the Legislative Council can borrow from abroad in it.Chapter IV, analyzes the violation of the obligation and the punishment of the breave. The legal consequences of violation is mainly the acquirement of the right of relief. The executive of the right and the restrictions of the right are mainly discussed ,and proposed we write the waiver and estoppel into the code .