The Research On The Notification Obligation Regulation Of Double Insurance In Insurance Law

Double insurance system is an important insurance system under the rules ofloss to fill,because of its broad existence and the complexity of the double insuranceproblem, as the focus of the insurance law study. Whereas the obligation ofnotification setting of double insurance is mainly used to prevent the policy-holderfrom using vulnerabilities of double insurance system in order to get the unjustenrichment.Our country about notification duty of double insurance despite theprovisions of the content of the notification duty, as well as the legal consequence ofviolation of notice obligation, but for the body, time, form and content of thenotification obligation, did not make clear rules, at the same time also no useto policy-holder partitive subjective mentality pattern. Due to the double insuranceoccurred frequently in practice, such a law could easily lead to unnecessary disputesin the processing.Thus it can be seen that legal loopholes are existed in the relatedrules of our country about double insurance notification obligation and need to beperfected.This article is divided into three part:The first part is the connotation and the legislative purpose of double insurancenotification duty. First, this paper introduces the basic meaning of double insurancenotification duty, and search for the perfection of the related content in China, bycomparing the various national and regional legislative cases about double insurancenotification obligations of the provisions of the subject, time, way and content.Second, comprehensive comparing notification duty in double insurancewith the duty of disclosure, analyzing the difference, clear notification duty indouble insurance can’t directly apply to regulations of the duty of disclosure.Finally, legislation origins of double insurance summarized the legislative purposeof double insurance to notification duty, also provided fundamental principles forother regulations about double insurance notification obligations.The second part is the law effects of violation of notice obligation in double insurance. Firstly introduces indiscriminate subjective state pattern, namely theregulation of Law of Insurance: We must ensure consistent treatment across doesnot discriminate between the goodwill and malice subjective of policy-holder, nomatter how their subjective state of mind, namely the sum insured amount of thepolicy-holders of double insurance shall not exceed the insured value. Thenintroduces the regulation of partitive subjective state pattern, notify the obligor’ssubjective state of mind can be divided into goodwill and malice, and by comparingdifferent countries and regional legislative cases and theory under differentpsychological state and regional legislative cases and theory, analysis of differentlegal consequences, and clear goodwill and malice in the distinguish standard and theburden of proof of practice, also account for the return of the premium. Thenelaborated the direction of the future choice of Law of Insurance. To explore asuitable legal provisions for our country by analyzing the disadvantages of China’scurrent laws and regulations, summarizing other countries and regions’ legislationcases and theories and combining with current situation of the insurance industry inour country, explore a suitable legal provisions for our country.The third part is the legislative improvement of the regulation of the doubleinsurance notification duty. This part mainly put forward the legislation idea ofthe double insurance notification duty from five aspects. First, clear the specificprovisions of notice on the legislation the subject, time and method that noticed onthe legislation, thus it can provide clear legal basis if the complication occur inpractice. Second, it is suggested that employ the pattern of partitive subjective stateand stipulated different legal effects under different mental state. Third, clear thejudgment standard of subjective malice on the legislation under the pattern ofpartitive subjective state, so that the regulation of the pattern of partitive subjectivecan be accurate operation in the practice. Fourth, the obligations in the illustration toadd the explain content of notification duty in double insuranceto explanation obligation, this regulation is based on the basis of the principle ofinformation reciprocity, thus stipulated the notification duty to the notificationobligor increased the notification duty of insurer. Fifth, stipulate insurance industryto establish resource sharing platform in the legislative provisions on legislation, which is actually to prevent the happening of the double insurance.Considering the cost of legislation and the current situation of the insurance industrylegislation, the amendment and programme of insurance law and judicialinterpretation can use the experience of the five ways in our country in the future.