Insurance Law Studies, Truthfully Inform Obligation On To Sui Jin You V. China Ping An Life Insurance Company Contract Dispute, For Example

As a peculiar policy-holder obligation, the truthfully inform obligation is generally stipulated in insurance law, manifesting the differences between insurance contract and other contracts. The performance efficiency of truthfully inform obligation directly affects the effectiveness of the insurance contract. Because the relevant details of truthfully inform obligation in "insurance law" is ambiguous, causing divergences and differences during the practical insurance operation and legal provision comprehension, which in turn leads to the different results for the same insurance contract cases in the judicial practice, and therefore, disturbs the normal operation and development of insurance market. In this work, we tend to explore and establish a normative truthfully inform obligation system based on the argumentative issues analysis of an insurance contract.This thesis is divided into four parts. The first part introduce the case and the controversial focus, which contains three aspects including whether the insurant is embraced into the main body of truthfully inform obligation, what is the range of the truthfully inform obligation in China; how to define the performance deadline of the truthfully inform obligation. Today, the subject scope of the truthfully inform obligation is unclear and still controversial in academia. Thus, the second part focus mainly on confirming the definite subject scope of the truthfully inform obligation through the combination of theory and practice. The third section introduces the scope of the disclosure duty, in which the contents and legal regulations of foreign and Chinese truthfully inform obligations are analyzed in-detail, demonstrating the highly detailed contents of the foreign truthfully inform obligation. In comparison, the regulations of truthfully inform obligation are very general and nearly no substantial contents are involved, although the insurance law has been established for 20 years in our country. The author proposes some suggestions about the detailed inform scope according to foreign experience and China’s national situations. The final section introduces the performance deadline of truthfully inform obligation. Taking the unclear performance deadline of China’s truthfully inform obligation into account, the authorproposed that the policy holders and insurants are also take responsibilities for truthfully inf o rm obligation ex cept making an insurance contract.