The Study On The Legal Issues Of The Conclusion And Validity Of The Insurance Contract

With the rapid development of China’s insurance industry, theinsurance law is also improving，with the introduction of the insuranceLaw judicial interpretation II,more insurance practice problems can besolved in the legal aspects.However, due to the complexity anddiversity of insurance practice. Many problems are not solved, first,insurance contract is formed or non-formed,the law does not make specificprovisions, so the insurance contract is not legal formed in at last,butit is usually reckoned as formed in practice, even it is considered validprovisions even when insurers issue insurance coverage with substantivechange, the law and insurance practice are disjoined, Which sparkscontroversy. Second,the insurance coverage is a certificate proving theexistence of the insurance contract,but the insurance coverage is usuallyreckoned as insurance contract in practice without clarifying theconclusion of the contract.Third, how is the validity type of theinsurance contract,especially when the insured do not perform theliability of telling truth, he has the rights to withdraw the insurancecontract according to the contract law or not.Fourth, the relationshipbetween premiums and the establishment of the insurance contract isvague. If these problems are not resolved, it is difficult to talk aboutthe establishment of a comprehensive legal system of insurance. Basedon the analyzing these problems, I give the recommendation as follows.First, clarify the nature of the insurance contract as nonformed.Second,clarify the nature of the insurance coverage as the certificate proving the conclusion of the contract and the insurancecoverage as contract.Third,clarify the roles of the premium, especiallythe insurers’liability under the conditions that the insured deliver thepremium before the conclusion of the insurance contract. Fourth, clarifythe types of the insurance contract, especially the insurance contractconcluded by cheat.