The Research On The Restriction Of The Insurance Applicant's Arbitrary Right Of Termination Of An Altruistic Insurance Contract

The insurance applicant enters into an insurance contract with an insurer and pays the insurance premium for the benefit from risk transformation and the right to claim the insurance money,which is normality.however,in the development of social economy,business transactions and social relationships have been becoming more and more complicated,and the reason why the insurance applicant enters into an insurance contract is diversifying.as the insurance contract is not exclusive,the insurance applicant can insure for others,so that the altruistic insurance contract has emerged.in an altruistic insurance contract,the benefit from being covered and the right to claim the insurance money are no longer entitled to the insurance applicant,but the insurance applicant can still exercise his(or her)arbitrary right of termination which is entitled by article 15 of the insurance law of the people's republic of china,to deprive the benefits of the insured and the beneficiary who are the third party of the contract.the problem emerged in judicial practice firstly,when the insurance applicant terminating the altruistic insurance contract,and then it drew attention from scholars.this dissertation centers on whether the insurance applicant has the right to terminate an altruistic insurance contract.and whether it is necessary to restrict the insurance applicant's arbitrary right of termination of an altruistic insurance contract,and how to restrict this arbitrary right to solve the problem based on theories of insurance law and contract law and legal practice.There are five parts in this dissertation.In the first part,three practical questions mentioned above are proposed according to the analysis of antithetical judgments of different authorities and summaries of scholars' opinions.The second part analyzes legal relationships in an altruistic insurance contract and theory of the insurance applicant's arbitrary right of termination,laying a solid foundation for the later argument and revealing the reason why conflict appears between the insurance applicant and the third party.The third part analyzes status of law subjects in an altruistic insurance contract.the insurance applicant is the party of an insurance contract,but its status is restrictive.being risk object and covered by the insurance contract,the insured acquires the status of quasi-party.the beneficiary's status is shown by its right to claim the insurance benefits.the beneficiary usually has a mere expectancy before a peril insured against has occurred,but vested right thereafter.different status of those subjects influence the how the insurance law balances their interests.The fourth part demonstrates the reason why the insurance applicant's right of termination an altruistic insurance contract should not be deprived firstly.the reasons to restricts the insurance applicant's right of termination an altruistic insurance contract are also considered.on the one hand,limitation on rights theory,right of formation theory,the principle of good faith,limitation on principle of freedom of contract and altruistic contract theory combine the theoretical foundation.on the other,the foundation of the insurance,the call of insurance law and balancing the interest of the insurance applicant and the third party are seen as practical reasons.The fifth part gives the way to restrict the insurance applicant's right of termination an altruistic insurance contract in china.firstly,the dissertation points out the necessity to restrict in law articles,and it should apply to both property insurance and life insurance.secondly,on the basis of foreign legislation,scholars' opinions and the situation of the insurance industry and the judicial practice in china,the conclusion is made,that is the insurance applicant should not terminate an insurance contract if the a peril insured against has occurred;and a rule of buy and delay of effect should be applied.moreover,special rule for group insurance is considered.