Study On The Effectiveness Of The Exemption Clause About Insurance Contract

With the development of the economy,insurance gradually becomes the risk aversion of every household,and becomes an investment financing method.Underwriter when signing a contract with the applicant in the process of acquisition tend to draw up a lot of format terms beforehand,and disclaimer as a common form of format terms,can not only provide trading convenience,also can effectively avoid responsibility,so the disclaimer of the importance of insurance contract has been more and more people's attention.Disclaimer of insurance contract as an important part of insurance contract,to provide convenient and at the same time,easily because of information asymmetry makes it insured damage the legitimate rights and interests of policy-holder or insurant,has been found in practice,a large number of disputes about the terms of insurance contract liability,especially the effectiveness of the insurance contract disclaimer problems tend to become the focus of dispute case dispute.This article starts from the definition of insurance contract disclaimer,theory and practice about disclaimer concept and scope of the debate is quite rich,but no conclusion,is divided into the generalized models,special pattern and compromise,the author through the analysis of the various views,and the disclaimer of insurance contract with general contract disclaimer made distinguish,find compromise model corresponds to the present insurance market environment and the judicial practice.Next order into the disclaimer the procedure regulation of insurance contract,tips and specified compulsory study,based on a large number of cases in the practice,the process of regulating an obligation,to perform the standard,alleviate and eliminate problems,especially for the application of regulatory obligations fulfillment degree and in violation of the consequences for the detailed analysis,finally concluded that subjective and objective standards for the implementation of the combination is more advantageous to protect the interests of policy-holder and insurant,fails to fulfill its obligations the consequences of the program regulation will lead to a disclaimer not into a contract to which does not produce effectiveness.For experienced a process of regulatory obligations disclaimer to the next question discussion,evaluation content,evaluation content of insurance contract disclaimer mainly from two aspects of legitimacy and rationality,legitimacy evaluation mainly refers to the exceptions exist "insurance law" the circumstances provided for in article 19 of the invalid,and the rationality of evaluation mainly from the two principles of the principle of good faith and fair principles,if do not conform to the requirements of the two principles,then the disclaimer is invalid.Finally effect the disclaimer form judgments,through the study of the foregoing two problems without program disclaimer in the regulatory obligations of the effectiveness of the presented a dynamic form-do not produce effectiveness,has experienced the disclaimer of the obligation to book into the effect of insurance contract namely disclaimer is valid,invalid the effectiveness of the two kinds of static form,on the basis of this,we summarize the criterion of effectiveness of two steps.