The Research Of Right Of Cancellation Of The Insurance Contract

Established and after the commencement of the insurance contract, both partiesmust strictly abide by contract. But in everyday life, due to various factors that maylead to the successful performance of the insurance contract can not be. At this point,the law would provide such relief to terminate the contract means to protect thelegitimate rights of both parties. Meanwhile, in the exercise of the right to terminatethe contract is often the insurer, the insured abuse the right to terminate maximizetheir own interests, against the insured, the beneficiary’s legal rights. The top right ofcancellation given the parties an appropriate contract can protect even the rights ofthird parties, and can promote the healthy development of the insurance industry. Inthis paper, the theory and practice of insurance law through a comprehensive analysisof the right to terminate the insurance contract system, aimed at improving thecountry’s right to terminate the insurance contract system.This article is divided intothree parts of the introduction, body and conclusion. Which body part including:The first part is to do an overview of the right to terminate the contract ofinsurance. First, determine the basic concept of the right to rescind the insurancecontract, and then analyzes the nature of the insurance the right to terminate thecontract for the formation of the right. Second, through the comparison insurance theright to terminate the contract and other related concepts, from the perspective ofcomparative analysis of the right to rescind the mechanism of the insurance contract,the value of the function. The unique value of the insurance contract is to protect the freedom of the insurance contract, and safeguarding the legitimate rights of theparties. The second part of the right to rescind the type of insurance contract. Theanalysis from the insured and the insurer’s point of view, respectively the right torescind the applicable conditions of the insurance contract. Which insurers enjoystatutory lifted violation truthfully inform obligations, breach of security maintenanceobligations, in violation of the increased risk of notification obligations, insurancefraud inaccurate reporting of age, lapses in insurance contracts exceeding complexperiod of limitation; while the insured is entitled to any of the right of cancellation.The second part of the lifting of reason analysis for the following third part and thefourth part of the right to rescind the lack and perfect lay the foreshadowing. Thethird part is to analyze the exercise and elimination of the right to terminate thecontract from the insurance. Through analysis of abstention, estoppel, not defense theterms of these three reasons to explain how to restrict the right of cancellation, toachieve the interests of the balance of interests between the parties. The fourth part,first expounded the new amendments to the Insurance Act, the right to terminate thecontract on insurance system improvement in the use of comparative researchmethods, and thus a more in-depth, interpreted purposively, value analysis methodanalyzes the lack of Insurance the right to terminate the contract system there at, andhow to improve. The biggest innovation of this paper is to give the insured the rightof cancellation, and any right to rescind the restrictions policyholders.