Study On The Exemption Clauses In Insurance Contract

Insurance contract is a kind of special commercial contract， exemption clause is theindispensable part of. Exemption clause in the insurance contract， the insurer is tomaintain the normal operation must have to prevent the risk of their own terms， alegitimate right of China is allowed by the law of insurance. Exemption clause in theinsurance contract is a double-edged sword， if used properly， can give full play to themoral risk prevention， to balance the interests of all parties to ensure balance， evenbargain and many other positive role; but if used improperly， it will not only damage theinsurer and the insured person’s vital interests， will also affect the healthy and orderlydevelopment of the whole insurance market. Since the implementation of China’s"insurance law"， the insurance disputes is increasing， especially relates to an exemptionclause of these problems， the theory circle and practice circle still have many differences.In view of this， in-depth study of the exemption clause of insurance contract issues， isvery important to promote our country’s insurance law theory and practice to improve thesignificance. In this paper the legal issues from the exeception clause of insurance contracthighlights in judicial practice as the starting point， analyses the validity of the insurancecontract of the exemption clause as the starting point， from the perspective of theory andpractice， combination of foreign insurance regulations， provisions of domestic law andthe old and the new insurance law are discussed， aiming at the existing problems， putforward in legislation， judicial， administrative and other relevant improvementsuggestions， hoping to benefit our country insurance law development.