Research On The Duty Of Disclosure In Insurance Law

The obligation to inform the system is the basic system of the insurance law, related to thevalidity of the insurance contract, its influence throughout the formation of the contract, effective untiltermination of the whole process. Therefore the duty of disclosure in terms of the insurance contract isan important system. The fundamental purpose of the system to the insurer to assess risk of importantinformation relating to the subject insured person’s access to information, the backwardness of earlyscience and technology, fewer channels, this system of insurance regulation in order to protect theinterests of the insured, human behavior, its Division strict obligation to inform. However, with thecontinuous development of science and technology, more and more insurance information insurancetechnology is more mature. Therefore, the obligation to inform institutional theory in the traditionalsense of the constant challenges of the new situation, the new development of the theory prompted theduty of disclosure is also evolving, inevitable in the evolution of a variety of problems. In this paper, ourrevised Insurance Law16, the various problems encountered in practice face of China’s Insurance Law,The first chapter introduces the obligation to inform the background of the times and the course ofdevelopment, the second chapter is a brief introduction to several theories basis, from the obligation toinform the subject, the obligation to inform the time for performance, inform the fulfillment ofobligations under the aspects and causality aspects of the loopholes and problems encountered in thepractice start dealing with the problem, start from the various theories at home and abroad, a briefanalysis the the question various theories supporters and opponents of the reasons and put forward theirown point of view. The fourth chapter provides a brief analysis of China’s modify the Insurance Act in2009, the introduction of non-defense part of the problem being faced in the terms of, and a variety ofproblem-solving theory. Chapter V is based on the front third, the fourth chapter of the issues raised andtheory, the author’s solution.In summary, I believe that although in practice the duty of disclosure in China’s Insurance Law hasbeen established and widely applicable system constitute a relatively complete, but there are still a lot ofloopholes in the future development, but also its continuous improvement and to be improved.