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Effect Of Insurance Exemption Clause

Posted on:2013-12-02Degree:MasterType:Thesis
Country:ChinaCandidate:F L HuFull Text:PDF
GTID:2246330395959853Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The insurance industry and the rapid development of the insurance industry monopoly advantageslead to extensive use of format contract terms, this is a convenient and economic advantage, but at thesame time, the format of the contract are very professional, insurance counterpart due to lack ofknowledge and cognitive level of this in a very vulnerable position, the insurance company may use itsown technology in the insurance form contract many hidden disclaimer, in the event of accidentinsurance when denied responsibility of insurance. Therefore, in order to balance the insurance partiesforces, to protect the weak side of the legitimate rights and interests, the law intervene to the insurancecontract between the parties of major interest exemption clause in the effectiveness of regulation. Butour country present about insurance exemption clause in the contract to question the effectiveness ofmany places is not clear, cause many disputes in practice, So it is necessary to study the problems.The combination of China’s insurance legislation and theory research, through the historicalanalysis, comparative analysis and the combination of theory and practice method of analysis, researchsummary our country insurance on the exemption clause in the contract law provisions and research,draw lessons from the successful experience of western developed country, to further explore the theoryand Practice on this issue the dispute, in order to have a certain role in guiding practice...
Keywords/Search Tags:Insurance Contract, Exemption Clause, Clear Explanation Obligation, Rule and Regulation
PDF Full Text Request
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