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On The Duty Of Disclosure In The Policyholder Personal Insurance

Posted on:2016-10-31Degree:MasterType:Thesis
Country:ChinaCandidate:J FuFull Text:PDF
GTID:2296330470452528Subject:Economic Law
Abstract/Summary:PDF Full Text Request
One hundred years of development, British and German law modify theamplitude is larger, the British consumer insurance law and German law of insurancecontract some uncertain industry rules and legal theory on the basic theory ofplanning. These changes broke the traditional idea of English law and German law,our country solves the problem such as policy-holder fulfils mode, the performance ofthe content. There are a lot of progress and its still adequate legal norms to guide. Thisresearch in the UK and Germany in the new insurant inform obligation is in terms ofinsurance legislation. We put forward the suggestion that personal insurance insurantinform obligation, perfecting our country’s insurance law the provisions of the informobligation.By looking for the UK, Germany and the content of the insurant informobligation legislation, we summary the significance of the reform, strive for to getdeeper understanding of the principle of utmost good faith, so as to prove theconclusion of utmost good faith say king status still stands. At the same time, we drawlessons from the UK and Germany to the subjective important document, importantfacts inform obligation, the main body of rights, policy-holder, inform obligation oftime, the underwriter remove the option of legislative reform, combining the practiceof insurance in our country, put forward reform proposals.Our country important facts and subjective factor judgment standardmaneuverability stronger regulations are needed to determine the implementation ofpolicy-holder judge inform obligation. In addition, the inform obligation to fulfill thetime according to the fuzzy and performance of the main body of the single, informthe authenticity and accuracy of the content. Therefore, from the perspective ofinsurance agent research important facts and subjective elements of the judgmentstandard, from that information integrity, authenticity, quality, to discuss the insuranttold the main body and the problems existing in the time. Insurance law protection ofdisease-carrying policy-holder has been in a blank stage which policy-holder is unreasonable to cancel the contract.We explore the status of the inform obligation and doctrine from the analysis ofthe basic theory of the insurant inform obligation to explore the status of the informobligation and doctrine. We review content validity and its legal effect from theinsurance company make inquiry content analysis and its legal effect. We are in viewof this obligation all associated situation.Any obligation is not a law to determine its position and interest protection, butby multiple departments cooperate with exercise. Involve the insurance agent ofdereliction of duty, the insurance association shall cooperate with the administrativeauthorities for the insurance agent. Involve the insurance contract interpretation, thelegal aid center shall help policy-holder and insurant, provide free legal advice.Through multiple channels help the rights and interests of policy-holder, environment,can purify insurance really help the interests of the insurance contract party.
Keywords/Search Tags:Personal insurance, Policy-holder, Inform obligation, Utmostgood faith
PDF Full Text Request
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