The Research About Notice Obligation Of Increased Risk In The Area Of Chinese Insurance Law

The policy-holder's disclosure obligation to insurance company who con not timely obtain information about the object of insurance when the object of insurance being in more dangerous situation is inevitable to against the unfair harm to insurance company because of information asymmetry in Insurance Law of the People's Republic of China.Above policy-holder's disclosure obligation means that policy-holder should inform insurance company when the consideration between premium and risk undertaken by insurance company break down due to the object of insurance being in more dangerous situation within the validity period of the insurance contract.After getting information about increasing danger of the object of insurance,insurance company can freely choose to terminate contact or increase the fee to protect themselves legal profit.Therefore,the policy-holder's disclosure obligation requirement of China Insurance Law is one of the most important factors that are related to the interest of all parties in the insurance contracts.The third section of the forty-ninth article and fifty-second article of the insurance law of the People's Republic of China stipulate the policy-holder's disclosure obligation when the object of insurance being in more dangerous situation.However,there are many controversies in both the theoretical and practical circles about how to accurately apply “risk increasing” disclosure obligation to specific cases because of the imperfection of legislation.From the view extraterritorial and existing controversy,there are least four defects as follow:(1)the scope of application of related rules as well as the type of danger is very vague;(2)the definition of “significant” in significant increase of risk is very vague;(3)the performance condition is so simple that parties have no idea how to accurately apply this rule;(4)there are very obvious shortcoming in legal effect.The respondence of legislator about above four defects should be full of pertinence,clarity and feasibility.Specifically,the scope of application of “risk increasing” disclosure obligation should cover the life insurance;the type division of danger should be subjective and objective;the component of “risk increasing” and rule of judgement should be more clear and ample;the party,deadline and method of “risk increasing” disclosure obligation should be more distinct.Actually,it is necessary to limit the insurance company's right of choice and introduce the mode of responsibility sharing which dose not require causality.Such ad such,the content of “risk increasing” disclosure obligation will be more sample and appropriate.