The Theory Of The Incontestable Clauses In Our Country’s New Insurance Law

With the insurance industry to develop and improve, the idea of insurance is widely become an integral part of people’s social life, the function of loss compensation and risks shared in is also growing concerned and allowed by the insurance of the consumers. The incontestable clause, as one of the insurance contract, has been one of its important clauses in many countries and regions, and has become a generally binding and enforceable provision.The provision to improve national security legislation and promote the development of the insurance industry shall be of great importance.An incontestable clause from the origin, from the original insurance contracts in the development of the terms agreed to the present legislative mature most countries and regions in the legal provision of essential depends, there have been more than one hundred years old. The incontestable clause has its internal legal basis, the principle of integrity, fairness, on the principle of protecting the interests of these theories common forming an incontestable clause.Our country depends on the amendment before the age of misrepresenting cases there is an incontestable clause, but it is hardly enough to satisfy our need for development of the insurance industry. In view of our insurance company and ability to improve the life insurance, the market share increases year by year, the insurance legal protection to be strengthened, the insurance company’s reputation to be further increased the level of other factors, our insurance laws introduced an incontestable clause have the possibility and necessity.An incontestable clause of the provisions of the country to help relieve that the insurant, insured evidentiary burdens, and conscientiously guaranteeing the legitimate rights and interests of the insurant, insured to restrict any right to rescind the insurer, the insurer risk control costs and the rule of the insurer of insurance market and improving the quality of the insurance policy; contribute to the financial capabilities and increase our international competitiveness of the insurance industry. although the provisions of this clause may not bring much good, but the rules in china still have many, and the scope and application of exceptions, the specific application of rule have it, if these problems cannot be offset or eliminated and will go against our country’s development.Therefore, this paper mainly from the legislation mature countries and regions the incontestable clause advanced legislation experience, combine our country’s actual situation, to consummates our country the incontestable clause legislation put forward corresponding opinion and proposal. Only by constantly improving the incontestable clause of the insurance law of our country, it can better serve our insurance legislation process and the development of the insurance industry.