| Currently insurance contract is the typical mode of standard form of contract ininsurance. Because of professional and technical natures of insurance contract,signing a treaty as the form of formatting contract can save contracting cost andenhance transactional efficiency, but because insurance contract is always blockedout by insurers in advance, basic articles related to rights and obligations of applicantsand insurers are signed by standard terms; as for the insurance contract offered byinsurers, applicants can choose to accept or reject, and they can’t choose to thecontent of the article. However in practice, insurers always take advantage of theirsuperiority to bring about exception clauses in standard form of contract to avoid theresponsibility restricting them, make unreasonable distribution to some potentialapplicants, which severely damages the benefits of applicants. In order to thelegitimate interests of protect applicants and realize freedom of contract and faircontrast under the free system, exception clauses should be given fair explanation.Except introduction and epilog, the thesis is divided into3parts:Part1: Explanation obligation to format terms of Insurance contract. This partillustrates the explanation obligation of insurers. The article also illustrates legalprinciple base, nature, objectives and targets, scope, method of performance and theconsequence of breaking explanation obligation. The author thinks the legal principlebase of explanation obligation lies in principle of utmost good faith and objectiverequirement of going along with contracts; between legal duty and specificperformance of insurers, insurers should show applicants’ exception clauses,limitation articles and special clause by suggestive gesture, otherwise the clausewon’t be legally effective.Part2: Efficacy rules of format terms of Insurance contract. Although formatclause is brought into insurance contract, whether the clause is in force needs to beevaluated from peremptory norm in law, angle of the fairness doctrine and good faithprinciple angle. If the clause generates unreasonable and illegal consequences toapplicants and insurers, the clause will inevitably neutralize, by which the real freedom of social justice and contract can be realized. As standard terms, exceptionclause is not made by one side in advance and the other must sign to confirm, whichcan be considered as brought into contract, logically generating self-regard effectexpected by protocol party. If protocol party (insurers in this essay) wants to bringexception clause into contract, he or she needs to remind opposite side the fact thatexception clause has been brought into contract by reasonable way. Under specialsituation, whether exception clause has already been brought into contract should bejudged by way of trading habits, common industrial understanding.Part3: legal interpretation of format terms of insurance contract. The articleillustrates the legal interpretation, foundation and special rules of format terms ofinsurance contract. The foundation of legal interpretation of format terms of insurancecontract includes foundation, context explanation, supplement explanation andhonesty explanation, which is the foundation of contract explanation. As interiorconcept of contract, insurance contract needs to use principles mentioned above toexplain first. But because of professional, technical and constancy nature of insurancecontract, insurance contract needs to equipped with special explanation principles,including objective explanation principles, common explanation principles forvocabulary, intention explanation principles, explanation principles out of respectingconvention, prior explanation principle, whole explanation principles anddisadvantageous explanation principles, except for basic explanation principlesmentioned above. The judicator needs to understand the spirit of contract andmaintain fairness and freedom of society by the comprehensive use of explanationprinciples mentioned above. |
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