Prompting And Explaining Obligation Of Form Contract Exemption Clause

The prompting and explaining obligation of form contract exemption is a system of insurance law and contract law. This article from the legislative purpose and requirements of the prompting and explaining obligation, In view of the current judicial practice, the confusion of judicial review about the prompting and explaining obligation, Combined with the author’s court cases, Summarizes the recognition method of this kind of problem: First of all, to determine whether the contract of the two sides disputed belongs to the form contract; Second, the terms of the contract Whether or not belongs to the disclaimer, that is to say, whether you need to perform the prompting and explaining obligation; The third step, the burden of proof allocation and prove standard of the prompting and explaining obligation. Main component is fulfill the obligations and failed to fulfill the obligations of the prompting and explaining to analyze. Finally, the legal consequences of exemption clause and the prompting and explaining obligation(the full text about twenty-two thousand words).In this paper, in addition to the introduction part, the text includes three chapters. the introduction part is the introduction of the prompting and explaining obligation overall. The main content of the first chapter is the legislative purpose of the prompting and explaining obligation of form contract exemption. The second chapter is the applicable scope of the obligation. The third chapter is the burden of proof about the obligation. The last chapter is the legal consequences of the obligation.