The Theory Of The Insurer’s Legal Rescission

Insurance system originated in the United Kingdom of Marine insurance. In its early development, based on the principle of utmost good faith on the basis of the Marine insurance will be the insured to inform and warranty obligations as constraint the applicant and the insured’s important system, once policy-holder, insurant for insurance matters are not fully informed or inform false, or in violation of the warranty obligations, the underwriter can terminate the contract or declare the contract is null and void, and then the system not only provisions in Marine insurance, and almost penetrated into all insurance products. Today, in the process of the development of the insurance industry based on the self-discipline and countries insurance law pay more attention to protecting the interests of the consumer legislation idea, the underwriter is prone to exercise the right to terminate a contract phenomenon get a large degree of containment. To the hole insurance contract balancing of interests is for the common value pursuit, but due to the insurance contract natural aleatory, adhesion, the specific rules of the practice results tend to impact and resist the interests balance value.The legal right to the underwriter to terminate the insurance contract system with its to insurance contract effectiveness of intervention in legal force, under the condition of the given the right to unilaterally rescind the contract, to unbalanced benefit pattern for debugging and correct. If, however, allow the underwriter to use of their advantage in the insured any tiny misconduct or objective dangerous subtle change and claim to terminate the contract, not only make the insured lost signing insurance contract to interest, lost risk safeguard, and failure to maintain the insurance trade fair basic order, and indirectly affect the image of the underwriter and the stable operation of the insurance industry. For the insurer is concerned, the legal right to terminate the insurance contract shall be system "empowerment" and "limit right" function simultaneously. Revision of the insurance law passed in 2009 and then introduced the judicial explanation, to insurance contract legal lifting system are made a part adjust and modify, compared with the previous insurance law has made great improvement and progress, but we should realize that in the practice of the system and we have a lot of problems to be solved, there are many deficiencies need to improve, this is also the development of the insurance industry in the future we should to do work. Therefore, under the background of this paper is based on this reality, through the introduction of the connotation of the insurer legal rescission system and value foundation, focusing on the analysis of the insurer legal termination system specification basis and legal rescission of the limits to the underwriter, balance of power in order to achieve the insurer and the insured, especially under the condition of the modern insurance exchanges increasingly consumption, based on the insurer to the weak power of the insured, insurance legislation shall adopt a cautious attitude to "rights restrictions" as the center of gravity, to achieve the real fairness. And insurance contract legal rescission system will also through the application of the institutionalization, regularization promotes the realization of the honesty and credit insurance market.