Research On The Revocation Of The Consent Of The Insured

Five years has witnessed the inplementation of the current "insurance law". Amajor characteristic of the current "insurance law" is to strengthen the protection ofthe insured. This feature can be reflected in person insurance contract whose purposeis to protect the insured’s corporeity or life. Therefore, the law should do utmost togive the insured corresponding protection.According to the provision of the first paragraph of article34of the"insurance law"，"to death as the conditions of the contract payment of the insurancebenefits, without the consent of the insured amount and approved, is invalid."Personal insurance includes three major categories, that is life insurance, accidentinsurance and health insurance. Each kinds of risks are found in "for death afterinsurance accident happens, insurant the underwriter pays insurance gold" of thesituation."Therefore, the term "to death as the conditions of the contract payment ofthe insurance benefits" should be extended to the above mentioned three conditions."Written consent" in article34was deleted in the2009revision of the "insurancelaw", which means that the interested parties can express their agree in various waysand is advantageous to protect the insured’s interests.Insurance interests is the necessary condition of the insurance contract.However, in person insurance contract, because of the subjectivity of insuranceinterest, so can’t confirmed with the objective interest relationship. Otherwise it isnot conducive to guard against the moral hazard. Personal insurance interests mustbe set by the consent of the insured, which can turn the subjectivive humanrelationship to be objective by the agreed intention and better respect the personalityright of the insured. Through this way we can effectively control the moral risk, andmake the confirmed standard of personal insurance interests clear and operable.Although the "Insurance law" in person insurance contract part is equipped with therule of “insurant to agree", The issue of whether the insured can revoke his priorconsent when the situation changes or the insurance interests vanish is not completely refer in the current "insurance law" and the study in this aspect is alsorelatively lack. In this paper, the author aims to discuss "the cancellation of theinsured’s agreement" on the basis of "the consent of the insured" theory.In the first part, this article introduces the meaning and position of the insured,the insured’s consent, Then comes to the insured’s right of withdrawn his previouslyagree in order to better protect their own interests, At the last part we discuss how toexercise this right. Along the questions, analyzing problems, solve the problem ofthe main line, through a series of analysis, the insurant to agree with the cancellationof problems are discussed. After discussion, we may safely draw the conclusion asfollows:(1)in the issue of the insured to cancel the previously agree, the "undo" hereis different from the "cancellation right" in other areas of the civil law where thecancellation means terminate the insurance contract effect;(2)If a person without orwith limited capacity for civil conduct is the insured in a insurance contract, it ispossible for parents to kill their biological children out of their greedy for insurance,even though they have insurance interest and the law also endows parents to signcontract for their children on the premise of limited amount. Therefore, the authorthinks that there should be a similar "supervisor" group to contain policy-holder, inorder to better protect the interests of the insured;(3) On the circumstance ofsituation changed or the personal basis lost, if the insured wants to withdraw hisprevious agree, he should inform the policy-holder, insurant and beneficiarybeneficiary in a reasonable amount of time.(4) If the insurant and policy-holderdisagree with each other on cancellation, the insured should be endowed more rightsto help himself. On this issue, the regulation of Japan is worthy of reference, that isendowed the insured the right of claim which is exercised by "claim". The insuranceas the defendant, the policy-holder to a third person, if the insured is won, he isregarded as the lift of insurance contract.The core position of the insured in the insurance contract is the main line ofthis article, and around it we discussed the insured’s rights and interests. Combinedwith the characteristics of the insurance contract that the insured’s consent and agreeto the cancellation of all should be given more protection. Due to there is not muchon the legislation in our country and the theoretical results is not very rich, we hope in the future changes more attention should be paid on this question.