Study On The Legal Escape Clause Of Insurer Of Life Insurance

In recent years, with the rapid development of the insurance business and continuously enhance the legal awareness of the public, more and more dispute about insurance contract, especially the disclaimers in the insurance contract is to become the focus of attention. Most people think it is "unfair terms"or "the terms of the King ",which is insured to avoid their own risk, and the terms of the damage to the insured interest, especially it is not understood by people about the insurer legal disclaimer in the life insurance.The aim of establish exemption clause in the insurance contract is that the applicant can keep operation normally and prevent their risk effectively.In the recent laws and regulations,the legal escape problem of insurer of life insurance mainly embodied in article43,article44and article45of the insurance law.This dissertation is divided into three parts:introduction,main part and conclusion.The main part is divided into four chapters,just states as follows:The introduction briefly introduces the research of home and abroad of the topics.Then point out the problems of the three articles of this research.In the final,conclude the theoretical significance and the value of application of the topics;The body of the first chapter from the concept of the insurer disclaimer in life insurance, and then talk about the differences and relations between convention disclaimer and legal disclaimer of life insurance; Next, analysis the insurer of the life insurance statutory disclaimer with typed, explain in detail the provisions of the sources of law; Finally, point out the necessity of the insurer of the life insurance statutory disclaimer in the following cases,such as protect the social order,avoid abusing insurance system;The second chapter explore the Terms of Section43of the Insurance Law,that "the insured deliberately creating insurance accident" clause, firstly introduces the provisions of the foreign and the reference significance to China, and then pointed out the problems of the terms, such as whether the insured and the beneficiary is the same person, the criminal intent of the insured, finally put forward suggestions for these two issues;The third chapter analyze the terms of section44of the Insurance Law,that is the "suicide" clause, firstly analysis of the problems reflected in the terms abroad and its evaluation, and then pointed out the problems in terms of legislation, such as whether the suicide exemption period should be recalculated of the life insurance contract after reinstatement, the special provision is unreasonable about the no capacity for civil conduct, and then put forward suggestions for improvement of these issues;The fourth chapter analyze the terms of section44of the Insurance Law,that is the "calculated crime"clause, firstly analysis of the legislation abroad and evaluation with the first two chapters, and then pointed out the existing problems of China legislation, such as the connotation and denotation definition of "intentional crime" unknown, insurer exemption was too broad, the last of these issues put forward suggestions for improvement;The conclusion made a brief summary of the main points described in this paper and summarized.