Analysis Of The Terms Of The Insurance Contract Hesitation Period

Insurance contract hesitation clause is an important content and important clause in the insurance legislation and insurance contracts of all countries.Its purpose and starting point is to guarantee the discretion of the contract under the specific circumstances of insurance consumers,but also different from the protection under the traditional civil law framework Other legal systems in which civil subject will be free.In other words,the hesitation clause protects the disadvantaged consumers by giving them the right to repel,so as to protect their right of making decisions and protect the freedom of will of their contracting parties.However,the provisions of the indecision period are at the level of the basic law of insurance in our country.However,the practice of insurance can only be regulated and regulated by the insurance industry norms and the terms of the contract of the insurance company,which is unfavorable to the development of the insurance industry in our country and unfavorable to the insurance consumers Therefore,it is necessary to introduce the clause of indecision at the legislative level to standardize and strengthen the protection of the rights and interests of insurance consumers.Based on the analysis of the relevant legislation on the extraterritorial provisions of the hesitation period,this article first analyzes the provisions of the hesitation period qualitatively and concludes that the provisions of the hesitation period actually give the consumers of insurance the right to repent,The right is the nature of the statutory contract to lift the right;Second,from the legal basis,theoretical basis and social foundation of the three aspects of indefinite articles,to seek the theoretical support for the legislation of the provisions of indefinite period;Finally,based on the current situation and practice of legislation of the hesitation clause in China,combined with "Insurance Law Review Draft" on the provisions of the provisions of the provisions of hesitation period text analysis,and then proposed for the lack of provisions of our country's insurance contract hesitation provisions of the legislative structure and specific recommendations to promote China The perfection of insurance law promotes the protection of consumers' interests in insurance.