Research On The Trial Practice Of The Insurance Law Truthfully Inform Obligation

In the long-term practice of insurance law,gradual formation and constant improvement of the Truthfully Informing Obligation System(TIOS)has become one of the basic systems of the Insurance Law.TIOS possesses its design uniqueness in terms of legal basis,scope of subject,obligations,violation of legal consequences,etc.The reasonable configuration and exercising of TIOS plays an important role in modern insurance law system.The fulfillment of TIOS is a must-be-completed step prior to the conclusion of an insurance contract,rather than a dispensable collateral obligation.However,the academic debate on TIOS has never stopped,while TIOS is always be breached in varying extent so that more legal disputations take place in judicial practice.The underwriter often uses that the insurer who is supposed to perform the truthfully inform obligation does not inform truthfully as the excuse to terminate the insurance and refuse to pay the compensation.During the trial practice of this class of cases,the comprehensive review should be paid attention,including the subject who has truthfully inform obligation,the way of informing,the scope of informed matters,the subjective fault of policy-holder,the validity of the terms in miscellaneous provisions,the importance of the information not informed,and the scheduled period or incontestable period.In this article,the dispute resolution process of a life insurance contract disputation in which Tang took action to an insurance company branch in Chifeng city is analyzed and discussed,covering the subject who has the duty of truthfully informing,the way and the scope of informing,and the scheduled period or incontestable period.By giving a systematic study on the duties of the truthfully informing and providing a solution of this case by the combination of the legal theory and the judicial practice,law hermeneutics,empirical research and the means of comparison,this article provides an example of the scientific judicial discretion which balances the interests between the parties of an insurance contract,builds harmonious order of insurance system,and promotes the theoretical and practical development TIOS.This article starts with the description of main case facts of an insurance contract dispute between Tang and an insurance company branch in Chifeng city,as well as the summary of the debate focus points in Chapter One,following which the legal principles and obligation properties of TIOS are discussed in Chapter Two.The main contents in Chapter Three are the main body,contents,and execution methods of TIOS.In Chapter Four the requirements and legal consequences of Truthfully Inform Obligation violation are described,as well as execution and deterrent of the termination rights.