The Issues Of The Insurance Contract Obligation To Inform Theory

The disclosure duty system, as a traditional and unique system of insurance contract, is the premise and foundation of reasonable management of insurance business. It has been stipulated as a legal duty in insurance in each country. In our country, the content of《Insurance law》vicissitude three times passed through in 1995, 2002 to 2009 , all has carried on the stipulation and the revision to the disclosure duty. The discussion about disclosure duty has not stopped yet in theory. For example : Whether the subject to perform the disclosure duty is only restricted in the applicant, how does the fulfillment disclosure duty scope limit? How to use the period of immunity suitably when rescind the insurance contract ? Every these question, must understand. The focus of the article is the process of discussion but not the conclusion, and take this clue: the law foundation and nature of disclosure duty - - fulfillment of disclosure duty - - violation of disclosure duty as a master line. The comparative method, rule analysis and case analysis method have been carried on .And this article discuss some elementary theories and the legal matter about the disclosure duty deeply and systematically. This article is divided into four parts.The first part, the legal basis and the nature of disclosure duty. Through analyzing each theory about the law foundation of disclosure duty, then conclude my own understanding. About the nature of disclosure duty, comparing with each doctrine , integrate the foundation of disclosure duty ,regard that the legal doctrine is the affirmative theory.The second part, fulfillment of disclosure duty. This part mainly deals with the informer of the obligation, receiver, and the scope and content of the obligation to fulfill. Whether or not the insured should be the people of disclosure duty? By comparing the theory point of view, weighing the contract on the basis of the interests of both sides give my own answers. The doctor who be commissioned by the insurer, whether or not has been the issue of obligations, discuss by combination of civil law cases and the principal-agent theory. Analyzing the content by way of the "unlimited inform" and "asked about this doctrine" Discussing the importance of this matter and its criteria. Finally, relief for this obligation.The third part, violation of disclosure duty. In this part, discussing the elements of violation of disclosure duty firstly. It's attributed to the bad faith on subjective, and the violation acts on objective. We evaluate the new insurance law by comparing the legislation in some countries, and combining with the reality of the age record in our country. Then we introduce two theories including the doctrine of the valid and the doctrine of rescission. And then discussing some questions about rescission, including the relative person who the power exercises, in addition to exclusion period, the effectiveness of rescission, and questions based on the misrepresentation of the age and concurrence between the right of revocation and the right of cancellationThe fourth part, the whole summary of this article. On my pinion, it will be in detail and institutionalized on the disclosure duty with the depth of the social practice. It's an open system on disclosure duty, and the legal obligation discuss on it will be continued .