Insurance Warranty Terms Study

The guarantee in the Insurance Law is an important content of the principle of good faith.Insurer uses of warranties, which is for the purpose of controlling risks,make the subject matter insured in good state of risk in the insurance contract. To promote the guarantee in the insurance law, it could reduce moral hazard, strengthen management responsibility for the insured person subject of insurance and promote the insurance industry.Warranty is written approved in the insurance contract, which is applied frequently in practice. The legal system is lack of insurance currently and it is facing with higher moral hazard in the insurance business than ever. Therefore, it has theoretical and practical significance to ensure that the construction of insurance, not only in theory provide a guarantee for the insurance of established economic theory support and enrich the principle of good faith, but also in maximizing the insurance urge by both parties.From the perspective of theory and practice, this paper describes the present situation of the insurance guarantee in Chinese mainland and overseas, especially the United Kingdom, the United States, Chinese Taiwan and the domestic insurance guarantee academic research and legal requirements are introduced, thereby exposing the inadequacies of China's insurance guaranteed. Then it moves to current situation to ensure that the insurance laws, judicial interpretations and internal guidance of the Courts in China. It found that the current China's insurance is no legal basis to ensure the situation. The following part is analyzing the insurance guarantee content in depth, to define that the insurance guarantee legal nature is "Collateral Obligation" or "no real obligation"; to ensure provision of formal requirements to classify; to ensure that the terms of the content of finalized analyzed; on the " the most controversial " legal effect of breach of warranty of a comprehensive exposition. Finally, to improve the insurance guarantee as the purpose, we proposed to improve the insurance guarantee from the principle of utmost good faith, from the principle of freedom of contract,from the principle of insurance supervision and protection of the interests of consumers as well as legislative, judicial and doctrinal consistent guiding principle.