Theory And Practice Of The Insurer Explanation Obligations

The explanation of obligations of the insurer since the birth of our country"insurance law".The scholars have been studying the subject in the past17years, but this issue is still under discussion. The main problem is lack ofoperability criteria, then result in a large number of disputes in the insurancebusiness, hit the image of the insurance industry in the eyes of the people. Inview of this, I try to raise some actionable perfect views of the plain by largeamounts of date research.The paper is divided into three chapters, the following key elements:The first chapter introduces the definition of the obligations, thecharacteristics of the historical evolution of the legal system at home andabroad, as well as the similarities and differences between the obligations toinform insured.The second chapter describes the legal basis of the obligations. First, theking terms of the legal basis from civil law, the maximum principle of good faith.Secondly, due to extensive use of the format terms in the insurance contract,the theory of format terms in contract law provides the basis. Finally, theinsurance knowledge is very professional and Complexity, so the economics ofasymmetric information theory also provides theoretical support for theobligation. The third chapter is the focus of this paper. Review six aspects of practiceproblems and put forward suggestions for improvement.The first aspect: Description of the main body of obligations. Insurers andtheir employees, insurance agents and insurance brokers to put forwarddifferent requirements.The second aspect: the objects and performance time of the obligationThe obligations is the first contractual obligations. Object, is insurers or hisagent, rather than the insured.The third aspect: the scope of the obligations. The terms of the insurancecontract is divided into four categories, the different classification result indifferent standards. And summarizes eight aspect in practice, make my idea.The fourth aspect: description of the standard of obligations. Elaboratedon the form of standards and the de facto standard. This article support the defacto standard in the revised general standards "as a description of theobligation to fulfill the standard.The fifth aspect: the way of performance. It is very difficult to make a cleardistinction between "stated” and "clearly stated" in the practice. Classificationmechanism should be built:"exemption the insurer’s responsibility clause"insurer prompt rules+insurer take the initiative to explain the rules;“generalinsurance terms”, insurer prompt rules policyholders asked to explain therules.The Sixth aspect: the consequences of breach. There are two doctrinenone effectiveness and termination of the contract. Our country use noneeffectiveness. I believe can not be generalized. Must in accordance with thespecific case.