On The Informing Obligation Of Increased Risk In The Insurance Law

The informing obligation of increased risk is a duty that the insured should burden during the insurance contract. The premise that the performance of the obligation is that the object of insurance’s situation changes which must comply with significant, sustained and unpredictable conditions. Although in our "insurance law", the increase of risk is limited to "significantly increase" on the basis of the old insurance law, and it includes the content that the insurer should refund the overcharged premium after the termination of the contract, but because of the hysteresis of the insurance law and the complexity of the practice, the fifty-second article in our "insurance law" about the informing obligation of the increased risk still can not provide very feasibly legal basis for many disputes in insurance practice. This paper mainly analyzed the basic issues about the informing obligation of increased risk thorough the research methods of jurisprudentia and comparation, then put forward the direction referring to the provisions of other countries.The introduction is about the background and significance of this topic.Besides the introduction and the conclusion,this paper mainly includes five parts:The first part started with the definition, the elements and the judgement standards of the increased risk,then furtherly distinguished the difference between the obligation and the informing duty and the notice of loss.The second part gived the analysis of the obligation from the view of insurance and jurisprudence, constituted that the law of large numbers and the information asymmetry should be its basis in insurance, the rebus sic stantibus, the honesty and credit, and the balance of the price should be the obligation’s basics in jurisprudence.The third part firstly put forward various theories about the nature of the informing obligation of the increased risk, such as the theory of not true obligation, the theory of accompanying obligations and the theory of legal obligation, then put forward my viewpoint based on the evaluation of various theories.The main content of the fourth part is the subject, the method and the time of performance about the increased risk,by analyzing the subject of performance, the object of performance and the fuzzy rules, then investigated the different points of view about the period of performance, in order to provide ideas for perfecting the first paragraph of fifty-second article in the "insurance law".The fifth part started with the proper performance of the obligation and breach of the obligation of the increased risk to analyze the merits and shortcomings about the second paragraph of the fifty-second in our "insurance law" paragraph second, then put forward ideas for perfecting this part. In the part of increasing the premium and in the part of terminating the contract,It discussed the deficiency and perfection of our law, then it analyzed how to deal with the insured event before the rescission of the contract, and analyzed the order of increasing premium and the terminating the contract.The conclusion summarized the main content of each part and the basic viewpoint of the author.