Legal Research On Doctrine Of Reasonable Expectations In Insurance Contract

Our country's insurance business is in a orderly way,especially since the new era,the common people began to gradually pay more attention to the insurance industry and the demand for insurance consumption is also increasing trend.The most important embodiment of insurance in our civil and commercial legal participation is the insurance contract.The insurance contract is unique in the contract field with its own unique characteristics.Its content must be highly professional and technical,and the most significant feature is that at the same time,the majority of the policyholders are not in place.The right to modify certain provisions and the contract framework The main purpose of the insurer's operation is to gain interest in the business activities,and they will conceal the information that is disadvantageous to the insured or the insured in a variety of ways.We can come to the conclusion that the insurance contract can not fully reflect the meaning and content that it should have,not the true meaning of the two parties,in this case,it is very bad for the protection of the interests of the relative people.How to regulate insurance contracts,standardize them and embody the true meaning of civil subjects has become the focus of the civil and commercial law circles.In practice,the condition of applying the doctrine of reasonable expectation is that some clauses in the insurance contract exist ambiguities.At the same time,the expected "rationality" should be examined from the subjective and objective conditions of the insured or the insured and the cognitive ability.The doctrine of reasonable expectation can effectively restrict the insurer's abuse of its advantages and balance the rights and interests of the parties in the insurance contract,and its profound legal connotation is worth thinking and absorbing.In the process of practical development,this doctrine has gradually evolved into a new principle to explain the insurance contract,and has produced a good effect in protecting the legitimate rights and interests of the insured.This paper analyzes the basic concepts,background and reasons of the doctrine of reasonable expectation,and analyzes the specific conditions for the doctrine of reasonable expectation in the process of practice and the analysis of the cases in the United States and China in the process of practice.And how to apply the doctrine of rational expectation through legislation in detail,in order to explore the true connotation of the doctrine of reasonable expectation gradually under the current social background of our country,and then clarify the role of the doctrine of reasonable expectation in the interpretation of insurance contract.