Research On Policy Holders’ Informative Obligation In Insurance Law

Policy holders’ informative obligation in insurance law is a lasting and new topic, the debateabout the obligation has never stopped from the birth of China’s Insurance Law until today. weobtain some consensus about this question through so many years’ discussions, but there are still alot of controversies, so the article will systematically discuss this question through learning fromforeign experience and combining with China’s actual situation.The first part of the article defines policy holders’ informative obligation through three parts.The author firstly analyzes the meaning of policy holders’ informative obligation through semanticanalysis and analysis of the legal implications in order to better understand the concept. Then theauthor discusses the nature of policy holders’ informative obligation based on existing researchresults and thinks that informative obligation is a contractual obligation, a legal obligation and a notreally obligation. Finally, the author analyzes the theoretical basis of informative obligation andputs forward my own views.The second part of the article discusses the contents of policy holders’ informative obligation.The author thinks that the subject of informative obligation shall be include the informative obligorand the informative recipient. Then the author describes general provisions and specialcircumstances of the performing time of informative obligation. Finally, the author analyzes thescope of informative obligation. The author intends to describe this section by combining withcase, statute, depth and detailed exposition of practice.The third part of the article describes the legal consequences about violating informativeobligation. The author firstly discusses the constitutive requirements about violating informativeobligation. Then the author analyzes the legal consequences. Where the informative obligation isviolated, insurers will have right to terminate their contract.The fourth part of the article discusses policy holders’ informative obligation from thelegislative level. The author puts forward legislative proposals by combining with existing researchresults and problems.