Insurance Law And Principle Of Reasonable Expectation

The insurance contract is echoed by a typical contract, that party to the other partyhave been identified in advance of the terms of the contract can only be said that all agreeor disagree with the contract, which is also a party to accept the contract either from thewhole case, or do not accept the contract, there is no third choice. Insurance saying oninsurance contract contains a lot of reference to the long, obscure for the average personlike hieroglyphics, the insurance contract, the parties jointly developed in consultationcontract situation is rare, which makes the insurance contract counterparty in a veryadverse trading position, when the relative terms of the policy of insurance and theinsurance dispute, according to the traditional rules of interpretation of insurance contractsare often not fully resolved. So in the1960s, the U.S. Justice Keaton In conclusion, theUnited States from1930to197040years numerous insurance jurisprudence based on theprinciple of "reasonable expectation", as from most courts in the United States launchedapplicable, at the same time, the U.S. insurance industry began a quietly self-revolution,the insurance industry began to re-formulate the policy language clearly expressed termsdrawn up to improve insurance varieties consciously take into account insurance therelative interests of the people, not only to promote the progress of the Insurance Act, andalso had a profound impact on insurance legislation of the countries in the world and itschanges.In the late start of China’s insurance industry, insurance law and contract law andother relevant legislation only provides for some of the traditional principles of contractinterpretation, in the reasonable expectation that the principle is still blank, whetherChina’s Insurance Law can learn from this theory has a rich common law breath articlewill explore the main problem, the insurance legislation, many of them draw on thesuccessful experience of the advanced Western theories, selected according to nationalcircumstances transplant will be conducive to the improvement of our modern legalsystem.The text of this paper is divided into four parts: Chapter: Insurance Law reasonable expectation principle Overview of the InsuranceAct, the principle of reasonable expectation background, propose and develop reasonableexpectations principle, and Doubts interests principle the comparison;Chapter II: The Insurance Act reasonable expectation principle the basis elaboratetheoretical basis and realistic basis;Chapter: Insurance Law reasonable expectation principle applies conditions at homeand abroad to study insurance law principle of reasonable expectation of books and papersfrom four aspects summarized the conditions of application of the principle of reasonableexpectations;Chapter IV: The Insurance Act reasonable expectation principle applies in ourfeasibility analysis, from the problems encountered in the status quo of China’s insurancemarket and judicial practice to start, raised the possibility of the country to introduce theprinciple of reasonable expectation...