On The Legal Consequences Of The Insured’s Breach Of The Obligation Of Truthful Disclosure

The current Insurance Law only stipulates the right of rescission in the insurance contract,and does not stipulate the right of revocation in the insurance contract.As a special contract,an insurance contract can directly apply the right of revocation in the Contract Law without specifying the right of revocation or not,is a big controversy in the academic circle.For this controversy,there are different judgments in judicial practice,and the attitude of judicial interpretation is not clear.There are also different regulations and jurisprudence in extraterritorial countries.This paper focuses on the legal consequences of violating the obligation of truthful disclosure.Firstly,it analyzes the application of the right of rescission in the insurance contract,and expounds the restrictions on the right of rescission in the insurance contract in judicial practice,thus demonstrating the necessity of the right of revocation.Secondly,through the comparative analysis of the right of rescission in the insurance contract and the application of the right of revocation in the Contract Law,it mainly analyzes the respective terms,validity and retroactivity to judge the correlation and difference between the two rights..Finally,taking"excluding the applicable theory" and "choosing the competition" as the foothold,from the competition principle of the law,it is analyzed whether the right of rescission in the insurance contract and the right of revocation in the Contract Law constitute a competitive relationship.Through analysis and argumentation,this paper argues that the right of rescission in the insurance contract and the right of rescission in the Contract Law are not simple competing relationships.The two belong to different levels and belong to different categories of rights.The application of the right of revocation should not be completely excluded,but strict conditions should be set.The right of revocation is available but must be used with caution,both to maintain the legal deterrent of malicious fraud and to prevent the insurer from abuse of rights.When the right of revocation is applied,it should not be limited to the "all or nothing" payment method,and the proportional payment method should be introduced to maintain the substantial balance of the price.