Analysis Report Onthe Right Of Termination Of The Contract Of The Case Xue V Xinhua Insurance Company

In judicial practice,the generation of contracts of life insurance disputes,are closely related to the violation of informing obligation and the insurer's termination right and its exercise.Through the retrieval of sufficient cases,the writer found that it seems to be difficult to form a unified judging standard of such cases among different courts.There exists great difference in the aspects of whether the policy-holder performed the informing obligation,whether the insurer exercised the reasonable duty to advise,the relationship between the exercise of insurer's termination right and the claims rejecting,the starting point of incontestable period in case that insurance accident occurs within two years after the contract was concluded.Therefore,it's necessary to clarify the related problems of exercise of insurer's termination right and its exercise in case of the violation of the informing obligation.So that during the referee process of such cases,the court can apply relatively uniform standard,to avoid causing judicial chaos.Therefor,in form of case analysis report,combined with the specific case,research on the related issues,the author is proposed to promote reasonable solutions to the above issues.This article is divided into five parts.The first part is the case description and the disputes focus,through the brief of selected case's context and court's trial process,extracted the dispute focus on this basis,namely,whether the plaintiff was in violation of the informing obligation,whether the Xinhua insurance company can apply to the termination right,how to understand two years' incontestable period,setting the tone for this case analysis;The second part spread around the the first disputed focus,combined with relevant theoretical research on the contest and nature of informing obligation,and the determination of violation of informing obligation,sufficiently demonstrates whether the plaintiff was in violation of the informing obligation;The third part is the discourse of the second dispute focus,discussing related problems of insurer's termination right and its exercise in case of the violation of the informing obligation,combined with the effectiveness of insurer's termination right,the ground for elimination of insurer's termination right,by analyzing the incontestable clause of insurance law in our country,demonstrates whether the defendant has the right to apply to the termination right;The fourth part is the comprehensive evaluation of the case,evaluating the first and second trial court's judge of the case,and as a result,put forward the applicable law and disputes and differences that exist in the theoretical research;The last part is the research conclusion,combined with the relevant theoretical research,analyze the understanding and application of incontestable clause of insurance law in our country,put forward that informing obligator should include policy-holder and insurant(generally referred to as the insured),and two years' incontestable period should be limited in the case that insurance accident haven't occurred withing two years after the contract was concluded,so as to provides a unified and rational solutions to related problems about the insurer's termination right and its exercise in case of the violation of the informing obligation in the judicial practice of our country in violation of the inform obligation case underwriter termination right and its of exercise,putting forward referee suggestion for similar cases.