Truthfully Inform Obligation Violation Of Insurance Law And Its Legal Effect

Truthfully inform obligation is insurance law is an ancient and special system, while in 2009, China promulgated the new revised "insurance law", and from 2010 to 2015, successively promulgated three insurance law judicial interpretation. But the rapid changes of social economy and the rapid development of the insurance industry, about truthfully inform obligation to improve the system there are still many deficiencies. This article is trying to use the methods of comparative research, case analysis to truthfully inform obligation to study the related content, to our country "insurance law" 16 regulations as a centre for specific evaluation, and puts forward relevant amendments.In this paper, in addition to the epilogue is divided into four chapters:the first chapter, discusses the theoretical basis of truthfully inform obligation, the principle of good faith and the principle of balance of value; Truthfully inform obligation in the second chapter, analysis the basic category, that is, from the main body, truthfully inform an obligation, methods and the analysis of four aspects:the scope of designing during the lack of regulation, summarize the current academic controversy, put forward the compulsory subject should not be included in the insured, provided in time should be expanded, namely for the applicant to apply for insurance to the insurer, the insurer inquiry range allows to perform various form, and inform the scope of the specific criterion; The third chapter, from two aspects of subjective and objective, discusses the constitutive requirements of disobeyed inform obligation, analysing the gross negligence on the subjective fault judgment standard and the objective aspects of the three elements of judgment standard is put forward. The fourth chapter, the insurer exercise the right to remove centered discusses the legal consequence of violating truthfully inform obligation, including exercise problems of retrospective insurance contract after the right to terminate, limit of the right to lift, as well as the premium refund issue.