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Research On The Property Insurance Objects For Transferring

Posted on:2014-07-04Degree:MasterType:Thesis
Country:ChinaCandidate:Y CuiFull Text:PDF
GTID:2256330401472182Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Transfer of property subject matter of the insurance terms of the transfer of the subject matter insured validity of the contract of insurance. Two legal systems are discussed China’s insurance law is no exception. In common law countries are individualistic prior ante evaluation mechanism, which provides that when the transfer of the contract suspended, pending the insurance risk assessment before deciding whether to continue insurance contract; used in civil law countries the case of materialism prior post evaluation of a mechanism for the transfer of the subject matter insured, the insurance contract shall continue in force until the end of the insurer’s risk assessment and then judge the effectiveness of the insurance contract. For China’s insurance law, experienced a case of material-ism’ personae to change, this change embodies the protection tendency of China’s Insurance Law of the interests of the insured person, to maintain stable trading, the promotion of sound insurance system, has played a very important practical significance.In this paper, the definition of key concepts in the subject of transfer of property insurance that insurance mainly refers to the subject matter insured and interests. Subsequently compared the different transfer provisions of the common law countries and civil law countries on the subject matter insured, combined with our existing legislation, to put forward suggestions for improvement, as follows:the transfer points clear; effectiveness of the notification obligations are clearly defined; notice of fulfillment of obligations under the main body of the clear; statutory transfer provisions added; fill blank period of the insurance contract and so on.
Keywords/Search Tags:insurance, transfer, insurance validity of the contract
PDF Full Text Request
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