The Underwriter The Research Of Establishing Legal Right To Terminate

The insurer’s legal rescission refers to the right legally acquired by the insurer todissolve the insurance contract already in force before it expiration. The legalrescission has shown its inclination when protecting the insurer. Besides, the reasonand effect regulated to such rescission is special and complicated, which shall befeatured as its characteristics. Although the Insurance Law of the People s Republic ofChina has experienced three dramatic changes in the year of1995,2002,2009, itsmore focus on the general regulation has lead to the dispute and uncertainty withrespect to the definition, conditions and retroactive effect of the insurer’s legalrescission in both theory and practice. The insurer’s legal rescission, especially the rescission in the cases of violationof notice of obligation, as one significant part of the Insurance Law of the People’sRepublic of China, requires its legal effectiveness in not only protecting the legitimateinterest and right of the insurer, but also preventing the insurer in strong position fromabusing such rescission which will harm the right of applicant for insurance and theinsured. This article consists of introduction, text and conclusion, among which the textcovers four chapters.This paper begins from the basic theory, basic content and itslegal force of the legal rescission of insurance contract, the legal rescission whenviolating the obligation for notice is also included. The conclusion regarding theprinciple applied in the legal rescission in the aspect of both legal and practice hasfinally been made after the review of legislation in different nations and regions,together with relevant situations in China, among which the insurance lawpromulgated in the year of2002and2009has been focused in particular.