Research On Non-defense Rules

The concept of irreconcilable rules is accompanied by phenomena such as the imbalance of rights and obligations of the parties to the insurance contract and information asymmetry.It is a product of compromise between the two sides of the insurance contract.Through the fact that the insurer has faithfully informed the obligation and the insurer has not fulfilled the obligation of truthful disclosure due to the insurer's failure to perform the obligation to terminate the contract,it will re-regulate the rights and obligations of both parties and achieve a new balance.However,as the society continues to advance and develop,the insurance industry continues to expand,and the balance of the irreconcilable rules has begun to shake.It gradually provides an opportunity for abuse of the rights of the policyholder or the insured,thus making the rights and obligations between the policyholder and the insurer.The relationship once again lost its balance.Under this circumstance,reconstructing the rights and obligations relationship between the two sides is an immediate matter of the moment,and it will contain and restrict each other so as to create a new balance.At present,the primary solution to the problem of unbalanced rights and obligations between the parties is to impose necessary and basic restrictions on the irreconcilable rules and to restrict the application of the irreconcilable rules,so that the policyholder's application of the clause is restricted,not arbitrary.The absolute application of the irrevocable rule.This article is mainly composed of four parts,the main content of which is as follows:The first part discusses the connotation,historical evolution and theoretical basis of the irreconcilable rules.Starting from the connotation of the irreconcilable rules,the relationship between the irreconcilable rules and the abstention system and the estoppel system was emphatically analyzed.Through the discussion of the origin and development of the irreconcilable rules and the theoretical basis of the irresolute rules,it is pointed out that the application of the irreconcilable rules in our country is in line with the objective development of the insurance industry,and is also an important embodiment of the principle of maximum credibility of the insurance law.The second part mainly analyzes the irreconcilable rules in the representative national insurance law.An objective assessment of the status quo of the legislation of the countries' irreconcilable rules,and thus to see the problems existing in China's insurance law irreconcilable rules.The third part analyzes and summarizes the controversial issues in the application of the irreconcilable rules.Including: the scope of the application of the non-defendant rule;the starting point of the defense period,which mainly analyzes the starting point of the defense period when the contract reinstates;In the fourth part,it puts forward the suggestions on the application of the irreconcilable rules,and how to perfect the irreconcilable rules system of China's insurance law.First,it is clear that the rules of non-defence can be applied to personal insurance,but also to property insurance.Second,it is clear that the exclusion of the irreconcilable rules applies.Third,the starting point of the incontestable period should be refined.Based on the existing theories,this article analyzes the problems encountered in judicial practice,considers the balance of interests in insurance contracts,and puts forward their own views.It hopes to be helpful to the application of the irreconcilable rules in judicial practice.