On China《Insurance Law》 Incontestable Clause

This article is divided into five chapters. The first chapter is the introduction part, mainlyelaborated the author to write this article. The second chapter for the overview, cannotcontradictory clause respectively introduced definition, background and history, and a waiver,estoppel interests such as approximation concept to distinguish and doubt, finally cannotcontradictory clause respectively from the perspective of "insurance law","contract law" toanalyze. The third chapter to kickbacks to cannot contradictory clause in our country "insurancelaw", from its constitutive requirements analysis, that is, from subject to inform, subjective status,influence degree, be calculated point standard and so on in full swing, which, at the same time inthe summary of the doctrine of various also peppered with the author’s point of view, to improvethe below opinions put forward. Followed from the front theoretical analysis, into the fourthchapter insurance practice, talked about the controversial in practice, the comparison of severalcommon situation: the applicant fails to pay the premium, if applicable cannot contradictoryclause, group insurance group in the qualification of misrepresentation of identity, whether fordisclaimer cannot contradictory clause, the insurance contract, if the rejection cannotcontradictory clause apply, finally speak the old and new "insurance law" cannot contradictoryclause to conflict. The fifth chapter is the core of this article, the author did not use the defects ofsingle chapter way, but the defects and countermeasures in the same chapter directly, point outdefects measures are put forward. Article writing, to the research of our country cannotcontradictory clause contribute little of their own power.