| Estoppel system originated from equity law in Anglo-American law system on a system, it embodies the pursuit of fairness and justice equity concept of rule of law. Specifically, estoppel system aims to safeguard the interests of the policy-holder or insurant, improper limits the insurer’s right of defense, the legal relationship of the parties to insurance legal status of equality, the pursuit of fairness and justice of the rule of law concept. Estoppel system because of its flexibility and operability, itself has confirmed by many national legislation, and made a more detailed rules. In our country, in 2009 the newly revised "insurance law", despite the introduction of estoppel system, but the rules are too principle, simple, concrete operation makes it hard for insurance practice. As a result, how to improve the system of insurance of estoppel, has become an important subject worth studying.Research system of insurance of estoppel, you must first define the connotation of insurance estoppel and the establishment of the significance. System of insurance of estoppel, refers to the insurer or insurance agent signed in with policy-holder or insurant when insurance contract, already knows or should know, policy-holder or insurant did not truthfully inform the relevant policy rules or conventions in real situation, and this situation may result in the insurance contract is invalid, failure, or can be lifted, the underwriter regardless of the situation and signing insurance contract, policy-holder still after the contract, the insurer shall not terminate the contract; After insurance accident happens, the underwriter exist in insurance contract is null and void, failure or remove of the plea, prohibited by law; Request the insurer in accordance with the insurance provisions of the contract or agreement, bear the liability for compensation or indemnity insurance liability. On the function, estoppel system and waiver system, the contracting fault liability system and the loss power system has certain similarities, but there are also differences between them. Establishing the system of insurance of estoppel, its significance lies in the interest of the policy-holder of trust and correct the imbalance insurance rights and obligations of the parties to a contract, to achieve fairness and justice of the rule of law concept.In our country, the current insurance law although some rules are made to estoppel, but problems such as too simple, such as apply to the estoppel requirement if there are no relevant provisions, the concrete operation makes it hard for insurance practice. As a result, in the future changes in insurance law, on the basis of the legislative experience of other countries for reference, make clear a regulation system of insurance of estoppel applicable requirements, situation and suitable to produce legal effect, etc, make the regulation of our country insurance estoppel system will be improved. |
