Discuss On Applicable Restriction Of The Incontestable Clause In Insurance Law

The Incontestable Clause originated in the insurance practice of Common Lawcountries, and it gives strong impetus to the development of the insurance industry,which is recognized by statute as the statutory provisions and the Civil law countries.Amended in2009,"Insurance Law" also stipulated the Incontestable Clause,reflecting the idea of protecting the Insured interests. China, however, does notprohibit the applicable restriction of the Incontestable Clause，which can notguarantee the policyholders of the insurer and the balance between rights andobligations of the Insured. Therefore, it is very necessary to prohibit the applicablerestriction of the Incontestable Clause the legal basis and specific applicable. Ourcountry "insurance law" promulgated and implemented, although some scholars havediscussed the applicable restriction of the Incontestable Clause, but mostly notcomprehensive enough to prohibit defense to the terms of the applicable limitations,the lack of a comprehensive summary and combing. In this context, to prohibit theapplicable restriction of the Incontestable Clause of theory is the focus of this study.The paper is divided into four chapters. The first chapter is to prohibit theIncontestable Clause of the meaning and historical development, this chapter consistsof two parts. The first part introduces no defense to the terms of the basic connotation.In this part of China’s Insurance Law to the Incontestable Clause compared with themature foreign insurance law theory, confirmed China’s lack of the applicablerestriction of the Incontestable Clause. The second part is the Incontestable Clause ofthe formation and development, through its formation and development trend of proofapplicable to the need to give the necessary restrictions.The second chapter is the analysis of the constraints applicable legal provisions to the Incontestable Clause, discusses the right to the applicable restriction of theIncontestable Clause the reasonable and necessary to establish its theory based on twoaspects of the legal basis: the principle of good faith and order value. Although thetheory of the principle of good faith and the order value is not insurance specific tothe law, but in the field of insurance law but is a very important position to prohibit aconcrete manifestation of the applicable restriction of the Incontestable Clause is theposition in which they live.The third chapter is prohibited for foreign the applicable restriction of theIncontestable Clause analysis. The most comprehensive Insurance Law-InsuranceLaw prohibit the applicable restriction of the Incontestable Clause, and prohibited theIncontestable Clause of the scope of the foreign applicable, to learn from theirvaluable experience to contribute to the development of China’s insurance industry.The fourth chapter is China prohibited the applicable restriction of theIncontestable Clause of discussion. This chapter to prohibit the legal basis of theapplicable restriction of the Incontestable Clause of the guidance, learning from theadvanced experience of foreign insurance practices detailed analysis of our country tothe Incontestable Clause of the applicable range, applicable conditions and restrictionsto play a greater role in the practice.