The Preliminary Analysis On The Applicant’s Right Of Termination Without Any Reason

This article can mainly divide into three chapters. The first chapter starts with theconcept and classification of rescission of the contract, which aims to analyze thecharacteristic and classification of the insurance contract, illuminate the connection anddifference about rescission of contract between the insurance and common contract, and havea tentative analysis of the difference about rescission and termination of the contract betweenthem. Then it introduces the concept of applicant, the important subject of right, and itsrelated right and obligation. Following that, it moves on to the emphasis of this article, theapplicant’s right of termination without any reason, which will be summarized the definitionand characteristics from the theory and practice aspects. This further elaboration giveslegislation reason of the applicant’s right of termination without any reason, and introducesour country’s current situation of legislation and the assurance about its application andcorresponding restriction.The second chapter begins with the current situation of applicant’s right of terminationwithout any reason. According to the new development and change of the legislation reasonand economic society, this article analyzes the situation change of legislation reason aboutright of termination without any reason. With social and economic development, variousinsurance emerges, and applicant’s strength constantly enhances. The insurance marketmingles with the monetary market, which makes the basic assumption of the right begin tosway, and increasingly not accord with the current situation of economic development, whichincludes the variety of applicant’s strength. After the rescission of contract, it brings about thewaste of social resources and lag of economic efficiency. The utilities are not good, andexcessive enforcement goes against applicant’s undertaking of social responsibility. Thebalancing of interest is not only decided by the insurer. Information superiority doesn’tconform to the development of the insurance. Information share can maximum save fouraspects of social resources. Afterwards, the article proceeds with existent relation of propertyinsurance and personal insurance between applicant, the insured and beneficiary. By means ofshowing the completely opposite results of judgment in practical cases, it leads to the mess ofpractical application about the right, which results from defective regulations, and causesunfair different judgments of codefendants. Then this article discusses altruistic contract,which is a key point. The doubt about the legislation reason of applicant’s right of termination without any reason mainly comes from altruistic contract, which involves the tripartite relationship. And this doubt makes sense only under the circumstance of discussing altruistic contract. The relation of altruistic contract has three aspects:obligation relation of creditor and debtor; exchange relation between creditor and the third party; legal relation between creditor and the third party. Then it starts with the three subjects in contract related with a third person, discusses the advantages and disadvantages of applicants on various occasions with specific cases, and demonstrate whether it is reasonable about intruding consent right of a third person. The writer puts forward viewpoints through discussion of the theory of denial and redemption. Following that, the paper lays emphasis on discussing the conception and right of the insurer, the insured and beneficiary, especially on the confrontation of applicant’s right of termination without any reason and whether they should have the right of termination, which aims to lay the foundation of chapter three about system establishment.The third chapter follows the analysis of the second chapter, proposing an assumption of the system establishment of applicant’s right of termination without any reason. It includes the update of legislative concept, the right of the insured and beneficiary about confronting applicant, which raises an assumption of the insured agree with right of rescission and analyzes the validity of contract, and the connection between right of rescission from the successor of applicant and right of preemption from the insured and beneficiary, from which puts forward a complete suggestion.This article is designed to offer theoretical method of solving the problem, arising from the mess of practical application about the right, and provide a system assumption. If this article can make a contribution to the improvement of legislation, regardless of the proposal is accepted or criticized, it is really a great honor.