A Study On Statement Obligation Of The Exception Clause In Insurance Contract

The insurance contract is preliminarily formulated by the insurer in relation to the terms of the rights and obligations between the insured and the insurer,which has a typical format.For the insured,in addition to choose to accept,can only give up the transaction,and can't change the terms.Although this kind of practice saves the transaction costs and improves the efficiency and convenience of commercial transactions.However,it is precisely because of this,insurers often use their dominant position in the format contract to introduce a number of exception clauses and assign some of the potential risk in unreasonable manner,in order to avoid or limit their own responsibility.In addition,the insurer does not specify the exception clause,and even do not make necessary tips at the time of signing the contract,resulting a serious information asymmetry between the insurers and insured.The insured often sign the contract when they do not realize the specific terms of the case of the contract with a false meaning.The process to seek compensation is more difficult.Therefore,in order to realize the freedom of contract and the justice of contract under the socialist legal system,we need to study in depth the duty of the insurance contract to protect the lawful interests of the insured the insured or the beneficiaries.The article consists of three parts: introduction,text and conclusion.The introduction part introduces the background,the research content and the research path.The text is divided into five chapters,which is based on the logical order,analysis and problem solving.Conclusion summarizes the problems raised in the paper,the problems analyzed and the solutions.The five parts of the text analyze the statement obligation of the exception clause in insurance contract,the main contents are as follows:Section 1,overview of the exception clause in insurance contract.This section focuses on the exception clause.Including the definition of theexception clause,the role,characters,classification and so on.Section 2,the legal principle of the statement obligation of the exception clause in insurance contract.Including the principle of maximum integrity,the principle of format contract,the principle of fairness and the principle of information asymmetry.Section 3,legal provisions of the statement obligation of exception clause in insurance contract.This paper introduces domestic and foreign legislation,jurisprudence and the academic point of views,combined with the practice in china,elaborated on the exception of the obligation to specify the obligations of the standard and its provisions,including the subject,object,description,the manner of performance and the legal consequences of the violation.Section 4,problems in the judicial practice on the statement obligation of exception clause in insurance contract.After the analysis and comparison of similar cases,the following problems are particularly prominent in the field of judicial practice: the legal provisions are not specific and systematic,legal documents conflict,indicating that the statement obligation is difficult to prove,the degree of the statement obligation is difficult to determine,the scope of obligations is not clear.Section5,legal advice on the statement obligation of exception clause in insurance contract.This paper put forward rules to distinguish between tips and clearly statement obligation,make provisions on the breach of legal obligation,the establish a calm observation system,limit the application of the principle of unfavorable interpretation.This paper analyzes and studies the statement obligation of the exception clause in insurance contract in our country,and analyzes the existing problems,compares and draws advanced experiences of other developed countries and regions,trys to find out how to meet the requirements of our country.And put forward reasonable proposals to standardize and perfect the relevant system to make the research and practice application of the insurance contract exception clause in our country much more perfect and mature.