Motor Vehicle Third Party Liability Insurance Disclaimer Law Problem Research

The insurance contract can be seen everywhere in the current life.The exemption clause of the insurance is a part of the interest of both parties and plays a decisive role in the practical application.However,due to the fact that the liability claims caused by the exemption clauses are endless,the main controversy lies in the fact that the insurer and the insurer cannot reach a high degree of agreement on the interpretation of the exemption clauses,and the insurer uses his own strengths to reduce his own scope of responsibility and he will therefore Disputes should be given considerable attention.In practice,the exemption clause for motor vehicle insurance contract liability is a place where disputes often arise.This article mainly analyzes the effectiveness of the exemption clause in light of the contents of the liability exemption clause for the third party liability insurance in the China Insurance Industry Association's Motor Vehicle Comprehensive Insurance Model Clause(hereinafter referred to as the Model Clause),in light of civil law rules,doctrines,and jurisprudence..This article argues that: The third-party liability insurance contract for motor vehicle liability insurance is a formal clause in nature,and should abide by the interpretation rules of the contract law concerning the format clause;the validity of these clauses shall be subject to Article 53 of the Contract Law and other mandatory mandatory provisions.Impact,the fairness of the terms itself is also a key point of legislation,especially the intervention of the judicial authorities.This article divides these exemption clauses into exemption clauses that are not related to the obligation to explain instructions and exemption clauses that are related to the obligation to explain instructions.The former examines whether its content is in violation of mandatory regulations,whether it is seriously unfair,and should therefore be treated as invalid;the latter mainly examines its prompts.Explain whether the implementation of the obligation is reasonable,through the analysis of the cases corresponding to the contents of the model clauses,reference to the current laws and regulations,and at the same time the depth of dissertation liability exemption clause is invalid—the obligation to explain the obligation to explain—on this basis.At the same time,it put forward suggestions for clarifying obligations.