A Study On Legal Application Of Truthfully Informing Obligation In Personal Insurance Contract

With comprehensively deepening socio-economic reform,all industries are facing unprecedented development opportunities and challenges and the insurance industry is facing a swift and violent development trend along with promoted cognition degree on it;however,the number of insurance contract dispute cases is rising rapidly and in the juridical practice,the policy holders fail to implement the truthfully informing obligation;when judging such kind of cases,judges are commonly lack of uniform judgment scale.As an obligation,truthfully informing is included when formulating insurance law and is ascended to institutional level;it is also manifested fully when concluding specific insurance contract and the majority of disputes involving insurance contract is concentrated on this.Especially in personal insurance contract,contracting parties may have disagreements from three aspects;one is whether the insurer is performing the explanation obligation specified in contract.The second is whether the policy holder is performing the truthfully informing obligation.The third is about the relevant regulations on exemption from liability.In most cases,the advantageous counterargument means for insurers is whether the policy holder is performing truthfully informing obligation.In this thesis,based on the different judgement results of two court cases posed by the same plaintiff in People's Court of Ningjiang District,Songyuan City,Jilin Province,comparative analysis method and case analysis method are applied to analyze the legal application of truthfully informing obligation in personal insurance contract and conclude the legal application rules of judge in personal insurance contract when policy holder violates truthfully informing obligation.This thesis can be divided into four parts:In the first part,the articles of personal insurance contract are retrospected to define which behavior of policy holder belongs to failure to perform truthfully informing obligation.Specific cases are used to explain that when concluding personal insurance contract,such legal obligation of truthfully informing is applicable to policy holder within the scope of crucial facts policy holder has know or should have known or posed by insurer through written inquiry and policy holder shall not undertake the truthfully informing obligation for facts insurer has known.In the second part,the articles of personal insurance contract are retrospected to determine which elements in specific legal act of policy holder are judged as failure to perform truthfully informing obligation together with the relevant legal consequences;objectively,policy holder's failure to perform truthfully informing obligation is talked on the basis of specific legal act and without act,such violation can not be talked;subsequently,we will study whether it has close connection or specific causal relationship with relevant insurance accident and judge whether insurer can terminate the contract.Finally,we will analyze the reasons for policy holder to violate truthfully informing obligation,including deliberate violation and violation due to grievous faulty for both of which the policy holder must bear legal liability and then explore the differences.In the third part,the restrictions for insurer when terminating insurance contract and the application of relevant regulations during scheduled period in juridical practice are expounded.The restrictions on waiver receiving,scheduled period and incontestable period in accordance with legal provisions when insurer exercises the right to rescind contract are determined and the judge should cite these rules according to regulations and spirit of Law of Insurance to protect the benefits of policy holder.In the four part,the explanation obligations and truthfully informing obligations of insurer and policy holder together with their relationships are discussed.It is suggested that when revising insurance law in future,underwriting obligation of insurer should be added and principle of good faith in insurance law should be implemented thoroughly.