On The Life Insurance Contract Can Not Be A Defense Terms

In this dissertation,the incontestable clause is in depth investigated in term of its history and application,the purpose of the regulation,the public policy and the value of its existence are elucidated in the aspect of the theory of law,the application and development of the incontestable clause in other countries are discussed and analyzed,and furthermore the introduction of the incontestable clause into China is proposed.Four chapters besides the preface and the conclusion are included in this dissertation.In the preface,the purpose and significance of this research are explained and the importance of the addition of the incontestable clause in the upcoming amendments of the Insurance Law is emphasized.In the first chapter,the meaning and the origin of the incontestable clause are explained.The content and the meaning of the incontestable clause are principally outlined.Moreover,the origin and the development of the incontestable clause are reviewed in the aspect of the history of the regulation and the evolvement of the clause.It is pointed out that the incontestable clause is a special contesting rule which is used when there is a misrepresentation in the application.It is used to prohibit lodging a contest against the validity of a policy because there are hiding and misrepresentation in the policy.The incontestable clause is closely related with the guarantee clause and the duty of representation in history.Now the incontestable clause not only is one special agreement clause in an insurance contract,but also has become legally universal and compulsory. It has become a legal clause from an agreement clause.In the second chapter,the jurisprudence basis of the incontestable clause is analyzed.The purpose of the regulation and the public policy of the incontestable clause are discussed in the aspect of the substantial law and the procedure law.The value of the incontestable clause in protection of the interests of the beneficiaries and the safety of the transactions,and prevention of the abuse of the rights by insurers are discussed.The jurisprudence basis is investigated for the balance of rights of the insurers for rescission of contract,the rights of rescission of contract in the policy law,the rights of revocation of contract in the contract law.It is stated that the most important significance of the incontestable clause is to protect the reasonably expected interests of the beneficiaries.The incontestable clause is the breakthrough for the common theory of the contract law.In the third chapter,the application and the reference of the incontestable clause in other countries are discussed.The format of the regulation and content of stipulation of the incontestable clause used in the insurance law of other countries are dissertated.The incontestable clause has become the compulsory legal content and the legal clause in the insurance law.Furthermore,lots of juridical precedent cases are used to investigate the scope of the use of the incontestable clause including the reasonable restriction of the use of the incontestable clause and the gradual extension of the scope of the use and the function.In the end,it proposes that the mature system of the use of the incontestable clause in other countries can be the reference for the legislation of the insurance in China.In the fourth chapter,the construction of the incontestable system of the insurance law in China is discussed.This chapter principally expatiates on how to construct the incontestable system of the insurance law in China in the aspect of legislation,jurisdiction,execution and obedience of the law respectively.In the legislation,the applicable status and type of the contract,the applicable condition and the periods should be defined.In the jurisdiction,the corresponding juridical explanation should be stipulated and the jurisdiction should be strengthened to prevent the insurers from abusing the principal of utmost good faith and the rights of rescission of contract.In the execution of the law,the measures of the execution should be stipulated correspondingly and the supervision of the management department over the insurers should be reinforced.In the obedience of the law,the incontestable clause should be added in the insurance contract as a formatted clause.At the end,the opinions of the author are summarized.