Research On The Reasonable Expectation In Insurance Contract Interpretation

Reasonable expectation principle in the insurance contract interpretation, refers to as theparties to an insurance contract is an insurance contract dispute, shall be based onpolicy-holder or insurant to insurance contract produced by the rational expectation asthe starting point and foothold to explain the terms of the insurance contract.Reasonable expectation principle is that the pursuit of essential justice contract lawthoughts concrete manifestation in insurance law, the principle of safeguarding therights and interests of policy-holder or insurant, promote the healthy and stabledevelopment of the insurance industry is of great significance. Legal concept,reasonably expected for its academic debate has been no interruption, debate for tworeasons, first, the principle can be ignored when applicable the terms of the contract ofinsurance is stipulated, the breakthrough in the traditional sense of the contractinterpretation system; Second, in the practice of this principle applies whether or notshould be on the premise of insurance contract clauses there is ambiguity, and thestandard of "objective","reasonable" is often difficult to grasp. To this, throughout thedomestic and foreign well-known scholars point of view, and are generally onlyinvolves a certain aspects of the reasonable expectation principle, for the principle of thecomprehensive system research has yet to appear. So no matter from theory or practice,it is necessary to reasonable expectation principle an in-depth, comprehensive andsystematic inquiry.Reasonable expectation principle has its profound historical background and profoundsocial accumulation, it complied with the wave of social and economic development.When we use the legal point of view to think of reasonable expectation principle, weunderstand that it is in response to the monopoly capitalism, the contract the partiesunbalanced economy status that format terms is widely used in the trade, and make thecontract the other party’s true meaning is not inherent restriction. Thought in thetraditional contract already can’t fully and effectively safeguard the rights and interestsof the disadvantaged groups, in pursuit of the essence in the contract justice, rationalexpectation theory broke through the bondage of traditional contract law thought, it isthe theory and system in order to realize fairness and justice of law and an innovation and transcendence of self. Through the reasonable expectation principle compared withother insurance contract interpretation principle, its priority is not applicable, only whenall other insurance contract interpretation principle, can be applicable. In practice, thereasonable expectation principle applicable to insurance contract terms and conditionsfree from ambiguity as precondition, and policy-holder or insurant should start from thesubjective and objective conditions, factors such as cognitive ability to review thedesired "rationality". Anyhow, reasonable expectation principle limits the underwriterwell abuse its advantage resources, effectively balance the rights of the parties to aninsurance contract, the legal essence is worth we learn.