Retrospection On Current System Of Insurance Events Before Insurers’ Commitments

In cases of insurance put into practice in China, especially personal insurance, it has literally become a certain industrial convention that premiums should be categorized from proposers in advance, at the same time that insurance applications are handed. In this context, a solution to an issue that whether a insurer should be liable to indemnify caused by insurance events in the duration between deliver of the application and a commitment made by an insurer. Therefore, it is regulated by Clause 4 in the Second Judicial Interpretation of the Insurance Law that how a contract could be established by presumption. As the Second Judicial Interpretation had just been issued, researches on this issue might be spare. Thus, this dissertation will be based on the Second Judicial Interpretation, and an analysis of the theoretical basis of the presumptive establishment of insurance contracts will also be given in order to expound possible problems in applications to this mechanism. Also, there will be a comparison among three current mechanisms to address insurance events before insurers’ commitments purposing insights of statutes in operation currently, so that propositional mends could be concluded in this dissertation.Therefore, there will be five sections besides the introduction and the conclusion: The first section will focus on theoretical basis. Reasons why mechanisms of indemnifications for events prior to insurers’ commitments exist will be stated at first basing on present statutes and regulations of nations as well as a brief introduction of the domestic mechanism in operation.Further more, it will be specialized in a theoretical analysis of current domestic statues on presumptive establishment of insurance contracts in the second section. Considering its unclear theoretical basis for the first time for the discriminating of presumptions of insurance contracts in the Judicial Interpretation, perspectives of jural presumptions and contractual presumptions accordance with contract law could be implemental in order to differentiate those theoretical basis of presumptive establishment of insurance contracts.Applicability of presumptions of establishment of insurance contracts will be expounded in the next section: through expounding applicative conditions on presumptions of constructed insurance contracts, issues will be analyzed such as that how to value potential conditions accordance with insurance policy in practice as well as conflicts between those applicative conditions and statutes on term contracts, conditional contracts.In the forth section, three current mechanisms presumptive establishment of insurance contracts, statutory retrospective insurance and preliminary insurance will be compared by discussing their pluses and minuses both theoretically and practically.Finally, a retrospection of current domestic system will be stated in the light of all above discussing about mechanisms dealing with indemnifications of events before insurers’ commitments. How to optimize this certain mechanism by synthesizing different types of mechanism and the natures of China’s insurance industry will be the theme.