Protection Of Reliance Interests In Personal Insurance Contract In Violation Of The Obligation To Inform

With our increasing consciousness of risk,commercial insurance,especially personal insurance,has become one of the first ways for social members to avoid risks.Because of its special task to maintain social harmony,the content and standard of personal insurance contract should be made more clear and more practical.At the same time,the recognition and protection of the rights of the litigants for the loss of the property interests of the reasonable trustee and the loss of the opportunity benefit as well as the right guarantee of the litigant's compensation for the damage of the trust interests should be confirmed by the law.The legal protection of reliance interest has sufficient legal basis and realistic urgency,which is also an urgent problem to be solved in the future legislative work in China.This paper begins with the analysis of the details and court decision of a case involving Wang and an insurance company's life insurance contract dispute.First,through the discussion of the dispute and the problems exposed,it analyzes the connotation of informing obligation and the particularity of informing obligation of life insurance contract,and identifies the informing obligation of life insurance contract;secondly,defines the trustworthiness of the life insurance contract based on the necessary comparison with the expected benefits.Finally,it discusses the relationship between the breach of the obligation to inform and the damage to the reliance interest,and consider the liability of the damage to the current trust interest.Through the analysis of the case itself and the current state of relevant legislation in our country,the problems existing in the protection of trust benefits in China's personal insurance contracts are mainly focused on the recognition of notification obligations.And the standards are too mechanized,and the construction of legal systems of trust and interest is seriously lagging behind,and The liability for damage of trust interests is not completely clear.It is recommended to improve the personal insurance contract notification obligation to fulfill the standards,reconstruct the legal system of trust interest protection,and clearly define the rules for reliance on damages for liability damages.