The Study Of The Applicant's Right To Rescind In Liability Insurance

The system of the termination of contract is derived from Roman law,which is based on the autonomy of private law.Like the basic principle of the termination of contract,the termination right of Insurance contract is based on the principle of the autonomy of private law and the principle of fairness and free will which following the same principle.Under the framework of Contract law,the general principles and regulations of Contract law still apply to the Insurance contract,especially the legal dispute between applicant and insurer,will always find the answer in the Contract law.The provisions of the contract law on the right to rescission are mainly embodied in article 94,that is,the force majeure,the expiration of the satisfied term,One party delayed the performance of the major debts and the other breaches of one party.Theoretically,as parties to a contract can rely on their subjective autonomy of will to terminate the contract,namely both parties with the independent behavior in accordance with the the occurrence of Contract law's provisions and respect for the autonomy of both parties.However,since the insurance contract is a special contract that provides the risk shifting and guarantee as the content,the termination of the contract is different from the general contract.If the contract involves a third party,the contract may be divided into the contract of binding oneself and the contract of involving a third party.Determine the direction of the payment obligation according to the contract,the contract of involving third parties can be further divided into a contract with the fulfillment of the third party and the contract to the third person,ulteriorly,the contract to the third person also known as Altruism contract,the contract of third party's interests.In general property insurance contract,the provisions of article 15 of Insurance Law which apply to the relief of the interests of the insured is nothing wrong with this,since the applicant and the insured are usually the same people to property insurance contracts,and the dangers of terminate the contract had mixed with the interest of the insurant damage.However the benefits of both parties havent mixed,applying to the article 15 will make other problems.Even so,in the face of the damage of applicant's right to rescind a contract,the Supreme People's Court enact a judicial interpretation,that is Interpretations The Supreme People's Court of Certain Issues concerning The Application of The Insurance Law of The People's Republic of China(Part Three),to protect the interests of the insured.This article will refer to the applicant's right to rescind in a Liability Contract,Which is belong to the category of Property Insurance,but is different from the applicant's right to rescind in the contract of involving a third party owing to the conflict with the interests of the third person is different from general Property insurance contract and Personal insurance contract.Take the Product liability insurance contract as an example,after rescinding the contract of involving a third party,it will make an conflict with the insured,while the applicant and the insured are always the same in the Product liability insurance contract,if the applicant rescind this contract,it will course the damage of a third party as a consumer rather than the insured's interests.Withal,The legislation didn't give explicit provisions,therefore,we should pay attention to the protection of the third party's interests in the contract of liability insurance.