System Of Insurer Rescission

The insurance contract has the feature of aleatory, compliance and informationasymmetry between two parties, all of these make the termination of insurance contractobvious difference from the termination of general contracts. So during the revising ofthe 《Insurance Law》, the lawmakers had made reasonable structure adjustment anddetailed representation towards the rules of termination of insurance contract.Unfortunately, the rules still have the problems of general expression and lowoperability in daily application, etc.Regarding the problems existing in termination of insurance contract and lawstipulation, this thesis deeply discusses in four parts. The first part mainly involves inthe right to rescind a general contract, then further elaborate the type of the right torescind insurance contract and the nature of the legal right to rescind insurance contractof insurers, also compare the related concepts, to get a definite concept of the right torescind insurance contract. The second part begins in the points of view of the legalright to rescind insurance contract, deeply analyzes the application condition of thelegal right to rescind insurance contract and retroaction, and gives some improvedsuggestions on loophole in the insurer dissolution system of the legislation. The thirdpart investigates justifiable cause and the restriction on the justifiable cause.The thesis is mainly in the position of protecting the legal rights of insurers,investigates and compares the legislation of China and other countries, the new and oldlegislation, at last provide improved suggestions of the suitable system, in order tomake some change.