Study In Legal Issues Of Insurance Contract Reinstatement

Insurance contract is a special civil contract. The establishment of legalrelationships and took effect all follow the rules of the general civil contract as wellas the termination of legal relationships, but the insurance contract as a special civilcontract has its special system regulation, that is reinstatement. Why will thereinstatement on insurance law? What is the purpose of the system? What is thetheoretical basis of the system? What is the legal nature of the system? AlthoughChinese Insurance Law has once modified in2009, legislators have also made manyamendments to the reinstatement of insurance contract system. However, it is notparticularly perfect for this legislative amendment of an insurance contractreinstatement specification, there still exist many omissions. Therefore, in thepresent study, Chinese laws and regulations are compared, analyzed, and discussedwith foreign legal literature. The author wishes to find out a series of theoreticalframeworks which can meet the requirement with law system consistency,meanwhile, taking into account the interests of parties to the insurance contract.In this study, the reinstatement of the insurance contract system is graduallycarried out. The thesis consists of five parts. The first part is a general overview ofthe system of insurance reinstatement, which focuses on the definition and theapplicable value of the insurance reinstatement and this part laid theoreticalfoundation for the further study. The second part deeply does the research followingthe first part, and gradually explores from the theoretical basis to the practice ofpossibility, this part mainly make a study from the legal nature of the insurancereinstatement system, the scope of the insurance contract, the applicable conditionsof the insurance contract in three areas. In this part, the study mainly analyzes therationality on three theories for the reinstatement of the legal nature and gives a clearanalysis on the scope of reinstatement and applicable conditions which is uncertainor irrational. The third part is the focus of this article. This part primarily makes acomparative study on the application of relevant issues for reinstatement. What’s more, this part also mainly makes an analysis of the reinstatement consent, theevidence of insurability, incontestable clause, suicide clause, exhortation and pointsout the omissions that still exist in our legislations, at the same time, learn about theresearch result of the reinstatement which started early and is more mature formTaiwan and foreign countries. The fourth part is to undertake a comparative studywith the previous research; in order to maximize the protection of the legitimateinterests of both parties; this part makes legislative proposals for the future directionof Chinese insurance reinstatement and making the reinstatement more perfect. Thelast part is the conclusion; this part gives a described, refined and generalizedsummary, so that readers can fully understand the purpose of this study.