The Research Of The Insurance Contract’s Form Provisions

The insurance industry is a special industry in today’s society, occupies a veryimportant position in financial economy. In developed countries (regions) in Europeand the United States, insurance is usually one of the troika of the citizens andproperty protection and savings. As the economic boosters "and" social stability ", theinsurance reforms in various countries to promote the protection of economic andsocial stability, play an increasingly important role to achieve the well-being of thepeople. With the rapid development of China’s insurance industry, people haverealized the importance of insurance, the number of commercial insurancetransactions increased year by year, the insurer and the policy holder establishmentthe both rights and obligations relationship by make insurance contract, because ofthe huge daily trading amount and insurance contracts have very high professionalrequirements, insurance companies have been unable to sign insurance contracts withtraditional contracting models and daily negotiation with different customers, sostandard terms first appeared in the insurance domain, and the standard terms is usedmost vividly in the modern insurance transactions.Standard terms is the party established in advance for repeated use, and have notnegotiated with adversary when it has been making. Because insurance standardterms is prepared in advance by the insured party, the policy holder would notparticipate in formulating process generally, the policy holder only can choosewhether or not to sign an insurance contract with the insurer, which may makesinsurance contract party lack of fairness and may be contrary to the position of thefreedom of contract. So, the standard terms of the insurance contract is adouble-edged sword, it is convenient and efficient when both parties of insurancecontract sign insurance contract,at the same time may also damage the profit of thepolicyholder, the insured or the beneficiaries. Therefore, the standard terms ofcontract format needs to be improved constantly. the legal regulation of the standardterms of insurance contract terms issues need to be concerned widely in the healthydevelopment of the insurance market. Based on the thinking of the above problems, I decided that " The Research ofthe Insurance Contract’s Form Provisions" as a thesis. In this paper, writer researchesthe standard terms of the insurance contract from the following five aspects:The first section briefly describes the basic overview of the standard terms of theinsurance contract, the content of the legal characteristics of the standard terms of theinsurance contract, history and insurance contracts included, and the advantages anddisadvantages of the standard terms of the insurance contract. The standard terms ofthe insurance contract is drawn up by the insurer, did not consult with the policyholder, in order to remedy the unequal status of the insurance contract parties, theinsurer have the responsibility of standard terms’s description to policyholders. Sothe author researches the insurer’s instructions obligations in the second part. Mainlyon the description of the content and features of the insurance contract’s formprovisions, the content which insurers need to explain,explanation’s time and measureand legal consequences when Insurer contravenes instructions obligations. Afterthe establishment of insurance contract, standard terms as a major component ofinsurance contract does not necessarily come into effect, the third part of the thesisexpounds the validity of general requirements and effectiveness form of insurancecontract. When parties to the insurance contract dispute, the court or the arbitrationagencies need to explain the standard terms of insurance contract, the fourth part ofthe thesis expounds the meaning, characteristics and the specific rules of standardterms in insurance contract. Finally, the author put forward its own opinion based onthe inherent defects of insurance contract standard terms and our country law to theformat of the relevant provisions of insurance contract. The author suggests stipulateinsurance market from the legislative, judicial, administrative and social supervisionfour aspects, in order to safeguard the interests of the broad policy-holder, insurantand the beneficiary.