Theory Of Insurance Law Inform Obligation

The duty of disclosure, the insurance industry is the premise of reasonable operation, the insurer must correctly estimate the risk, and then determines the corresponding insurance rates, must be insured truthfully informed basis. Duty of disclosure improves security and transaction efficiency, realize the insurance industry to promote saving transaction cost, transaction rapid reality needs, it can ensure the health of the insurance industry and benign development, without the insured's duty to inform, it is not possible to establish scientific and reasonable system of insurance. In our country, based on the insurance professionals, complexity and technical, as the general public of the insured themselves lack insurance knowledge, consciousness of insurance, and the insurance industry competition, disputes continue, applicant fails to fulfill the obligation of informing and refused to assume insurance responsibility, insurance man in the suit used in large numbers and most strong defenses, the insurance dispute cases in the proportion is very high, which leads to the insured, beneficiary's legal rights can not be guaranteed, so the system needs to be studied in depth. In 2009 October the implementation of the new" insurance law" sixteenth points 7 to regulate the obligation of informing system, and the old" insurance law", is a system not only on the sound, it is insurance law idea reconstruction, in line with the national trend of development of insurance law, demonstrates our insurance legislation progress. The article thinks, our country" insurance law" stipulates policy-holder informing obligation in this system, there are still imperfect, based on the duty of disclosure system discusses relevant theories, put forward the following suggestions:informing obligation as insurance contract before the establishment of the first contract duty, legal duty and obligation, the legislative basis from the insurance technology and system two level to know, our country insurance legislation of risk measurement theory is only from the technical point of view the problem of insurance, in addition to the dangerous duty determination has said that the measure of the insured's behavior, but also give attention to the honest credit and balance of consideration of legislative principle, the obligation of the insured subject not only, still should include the insured people, to inform the content should take written inquiry answer mode of principle, on the important fact should draw lessons from foreign influence, in the insurance contract reinstatement and changes should be clearly stipulated in fulfillment of duty of disclosure in period.