Analysis Of Legal Issue In Proposer’s Allograph For Insured

Allograph is one of the strangest phenomena in China’s insurance market. In themicro level, allograph in an insurance policy makes the insurable interest rulesdoctrine of agreement and no function, which is not conducive to the effectiveness ofinsurance policy fixed. In the macro level, allograph is not conducive to thedevelopment of the credit system and the establishment of the entire insuranceindustry. In order to protect the rights of the both parties and promote the sustainabledevelopment of the insurance industry, the law has been made to regulate allograph inChina’s insurance market."Judicial interpretation of the Insurance Act (b)", releasedon June8,2013, has specifies that any policy with allograph is ineffective for insurers.After rectifying the insurance companies, the phenomena are basically eliminated.However allograph still exists. This article is discussed about the validity of theeffectiveness and related legal issues on allograph in contracts, and it will bespecifically divided into four chapters.Chapter I analyze of the insurance policy with allograph. Firstly, analyze thereason why allograph in our insurance market cannot be eliminated. Secondly, defineof the above-mentioned allograph in our insurance market, which includes screeningthe nature of allograph, the document types and the main body. Finally analyze thevalue in legal perspective.Chapter II analyzes the effectiveness of allograph in the contact. Effectiveness of the provisions of the contract form of contract law and the provisions of the validityof the contract form to sort out insurance law, insurance contracts found comparingthe effectiveness of absence form. Conditions combined death benefit policyparticularity validity of the contract on behalf of policyholders insured signaturepolicy of the four cases discussed: Signed on behalf of the insured has an insurableinterest in the policy, considered the signature on behalf of the insured policyholderhas an insurable interest in the to death as the payment conditions of the insurancepolicy and the signature on behalf of comprehensive insurance policy on behalf of thesignature. Impact analysis of the effectiveness of the insurance contract and its shapecorrection resulting vacancy.Chapter III discuss the responsibilities of the avoidance of contract resulted fromallograph, and elaborate it from subject of liabilities, characters and undertaking. Thefocus is to discuss undertaking methods beginning with whether there is an insuranceaccident as the demarcation point.Chapter IV form of insurance against the validity of the contract of absence, onbehalf of the legal nature and legal consequences of signing the policy is not clearlegislative proposals. To put forward various measures and proposals for the insured,insurers, insurance agents, etc. to prevent allograph.