Research Of Insurance Inform Obligation System

With the national economic development and technological level of continuous improvement,the insurance industry has developed rapidly.The obligation to inform is an important part of the insurance law and is often a matter of controversy in insurance practice.revised "Insurance Law" to inform the obligation to improve and modify in 2009.These changes reflect the continuous improvement and improvement of the insurance law,at the same time in line with the insurance law of the legislative concept and development status quo.However,there are still some problems in Article 16 of the Insurance Law,such as whether the insured person is the subject of the obligation to inform,whether the insurance contract is required to fulfill the obligation of notification,and whether the voluntary obligation is violated.These issues are unknown,will affect the interests of both parties to the insurance contract,the practice of insurance in the existence of problems,but also easily lead to insurance contract disputes.This article will sort out the contents and legal consequences of the insurance notice obligation,draw lessons from the advanced theory and experience of the foreign insurance law,and make perfect suggestions on the stipulation of the insurance law.The first part discusses the origin and concept of the obligation to inform,the nature of the notice and the theoretical basis of the obligation.Through the analysis we can see that the obligation is a legal obligation,the first contractual obligations and not real obligations.I believe that the legal basis for the obligation to inform should be based on the principle of price balance arising from the risk estimates that.The second part mainly analyzes the elements of the obligation of informing,and the subject of the notice of the obligation should include the insured and the insured,informing the insurer and the insurance agent;the scope of the obligation to inform is that the insured or the insured know or Should be aware of the facts,while the important facts of the standard were analyzed.The time to inform the obligation of the provisions of the contract is the understanding of the time,put forward for this time to understand is a time period rather than a point in time,that is,the insured from the initial contact with the final signing of the insurance contract this time period can fulfill the obligation to inform,In the case of certain special circumstances,such as the validity of the insurance contract,the insured or the insured still need to re-fulfill the obligation to inform the contract changes in the situation need to increase the risk of informing the insurer.Finally,the circumstances of the notice of the exemption of the case were collated,the risk reduced,the insurer known or should know the matter and the insurer did not ask the matter,the insured or the insured is not required to informThe third part expounds the constituent elements and legal consequences of breach of notice.The constituent elements of the breach of the obligation are divided into subjective elements and objective elements: the subjective element is to take the subjectivist principle that the violation of the obligation to inform is the subjective state of mind that requires intentional or gross negligence;the objective requirement contains the unqualified behavior,Is the causal relationship between the insured person or the insured person's known matters and the undisclosed matters and the occurrence of the insurance accident.The legislative model that violates the legal consequences of the obligation to inform is the fact,that is,the insurer can lift and insure the insurance contract.At the same time,there are restrictions on the right of the insurer to release,China is mainly through the lifting of the right to remove the period and two years of unreliable period to limit the issuer's right to terminate the contract,and Anglo-American law for the right to terminate the contract is The prohibition of estoppel and abstention system.Finally,the author compares the difference and application of the right of revocation of the contract arising from the right of rescission and fraud of the insurance contract.It discusses that the insurer has found that the insured person or the insured person has malicious acts after the two years of unreliable period.The insurer may exercise the right of revocation within one year from the date of the fact that the fraud is known.In the fourth part,the author puts forward some suggestions on how to perfect the system of insurance informing the insurance system after analyzing the composition of the obligation theory and the constituent elements and the legal consequences of the notice obligation.First of all to expand the subject of the obligation to inform,the insured will be included in the scope of the main body of the notice,clearly inform the object of the object,including the insurer and insurance agent;followed by the obligation to inform the time when the insurance contract is made,should be understood as the time period Is not the time point;truthfully inform the obligation to fulfill the way should take a written form,can not take the terms of the cross;in the case of insured persons or insured malicious fraud is not subject to the provisions of the irresistible clause,the insurer can know the facts of fraud Within one year from the date of exercise of the right of revocation.