Research On The Right Of Rescission Of The Insured In Life Insurance

Although China's insurance law after years of practice and revision has become more and more perfect.in the practice of the insurance industry,there will still be some problems from time to time.In this paper,the object of the contract is not insured,whether or not the insured should be given the right to terminate the contract as the starting point,the insured's right to terminate the contract is studied.In this paper three theoretical basis implement the principle of change of circumstances,to prevent moral hazard and respect personality independent,using empirical methods,based on two different case analysis,from the insured and the insured to view to demonstrate the necessity of invalidating the contract.Secondly,the Japanese claim system and the termination of the contract in Taiwan agreed to withdraw right system these two unique removal of the validity of the contract system,analyzed from two aspects of its application and problems that our country insured to cancel the system of right of the idea.The third,fourth part discusses our country insured the right to terminate the establishment and exercise of the conditions,and the insured should make the right in what circumstances the downlink and the exercise of the right steps,process and will be restricted.Finally,through the analysis of the existing insurance main structure,affect the insured shall exercise the contract termination rights would cause damage to the insured and the beneficiary,try to introduce the right of claim and change the beneficiary right to know these two kinds of system and improve the exercise the right to terminate the form of regulations and other measures to solve the existing problems of the insured,hope for our establishing and perfecting the system of the right to rescind is omitted all insurance contracts.