Research About The Incontestable Clause Of Insurance Law

With the development of the insurance industry of china, insurance for public importance is gradually improving, it has become an integral part of social life. Incontestable clause as one of the important insurance contract terms, its in many countries and regions of legislation has become the mandatory clauses of universally binding, this clause for perfecting the legislation of insurance and promoting world all the development of the insurance industry has important significance.Incontestable clause has one hundred years of history from its produce, it has now become one of the indispensable legal terms of most developed countries and regions from original agreed terms of insurance contract. Incontestable clause has its internal legal basis, the theories of protection of trusty interest, information asymmetry and truthfully inform obligation together deeply formed existing basis of the incontestable clause. In addition, the establishment of incontestable clause accord with the legal connotation of right of renouncement, reasonably distribute the rights and obligations between both parties, follow the fairness and justice principles, reflect humanitarian concern for insurance counterpart.Our insurance law before the revision of which didn't stipulate the incontestable clause related content. Chinese scholars has disputes about the incontestable clause whether should be introduced into our insurance law, including"sure","negative"and"compromise"three kinds of viewpoint. View our former historical background, for example, the insurance company business level and underwriting ability has improved, life insurance accounted for market share increase annually, the law of insurance counterpart protection efforts is deficient in somewhat, the insurance company for the insurance fund investment ability is good, the insurance company's credit level needs further improvement, etc. These conditions for the incontestable clause introduced into our insurance law provided the possibility and necessity. So our current insurance law has introduced the incontestable clause into it.The incontestable clause to legalize in China has brought many benefits, It is helpful for protecting the interests of the insured and the beneficiary, for supervising the insurer perfect underwriting mechanism, for restraining the insurer's right to terminate a contract, for improving the international competitiveness of China insurance industry. Although the regulation of incontestable clause's benefits are many, but there are still many drawbacks in China. It has drawbacks on its applicable scope, the length of the defense period, the rule of answer effect contract, applicable exception and applicable relationship. If these abuses can't be perfect in China will do harm to the development of the insurance industry. So we should use the mature legislative experience of the developed countries and regions, and with our country's actual combination, to perfect the legislative regulations of our incontestable clause puts forward relevant suggestions. Later in the insurance law in China should be amended to the incontestable clause belong to the part of the personal insurance contract, be intended the length of the defense period, and it should add regulations about the incontestable clause's apply in the answer effect contract and its applicable exception. In addition, it should specify the applicable relationship between the incontestable clause and insurance coverage or except reasonability, and the applicable relationship between the incontestable clause and the right of claiming cancellation. The rule of the incontestable clause in our insurance law only by constantly to perfect can promote the health and rapid development of the insurance industry.