Research On The Obligation Of Loss Notice

The obligation of loss notice is a legal duty of insurance applicant and insurant and beneficiary in the insurance law,it has experienced a process from the general to the increasingly perfect.But it also has a lot of questions needs to explore the solutions.So,The thesis try to use the method of comparative analysis and value analysis to discuss the concept and the legal basis of the obligation of loss notice so that we can realize the nature of the obligation of loss notice.Mean while,the reason why we discuss the controversial problems of the obligation is that we want offer some suggestions of the obligation of loss notice.Besides the preface and the conclusion,The thesis consist of four parts.As follows:In the first part,The thesis introduces the meaning and change of the obligation of loss notice.The obligation of loss notice has the alike function of the duty of disclosure and the duty of notification of increasing risk,but there are also some differences among this obligation s.The legal basis of the obligation of loss notice contains information asymmetry and maximum efficiency and so on.The second part describes the legal nature of the obligation of loss notice.We come to a conclusion that the legal nature of the obligation of loss notice is an unreal obligation through analysis various theories.The third part discusses a few of controversial issues when the obligation of loss notice is being used in practice.such as,beneficiary shouldn't become the obligor of the obligation of loss notice,the rule that “Indispensable witting notification” and “No provide specific information,No compensate” is unreasonable?The forth part discusses the violation of the consequences of the obligation of loss notice and presents some advices to improve it.We should combine with specific case when we identify the rule of “Intentional misconduct or gross negligence” and we should allocate evidential burden from the perspective of fairness in order to protect the interest of the weak.In addition,the regulation of “if the obligor didn't inform insurer in time,insurer has the right to refuse to make compensation” is invalid for the reason that it violate the lowest legal protection of insurant.