Research On The Completing The Truthful Disclosure Obligation Rules In Insurance Policies

The obligation of disclosure is a very important content in the insurance industry.The performance of the obligation of disclosure will directly affect the insurer's assessment of risks and the formulation of insurance premiums.For the insured,it is directly related to whether they can obtain compensation when an insurance accident occurs.At present,there are still many disputes on the main part,scope and time of fulfilling the obligation of disclosure.On the issue of the performance of the obligation of disclosure,in the process of introducing the main part,time,scope and methods of the performance of the obligation of disclosure,the controversial issues in the obligation of disclosure,such as the if need for the insured to be included in the main part of the obligation of disclosure when the obligation of disclosure is performed,and the if need to perform the obligation of disclosure when the insurance contract is resumed,are analyzed.The definition of "important facts" in the performance of the obligation of disclosure and the definition of the specific content of "general clauses" in the insurer's obligation of disclosure are also the focus of research to improve the system of the obligation of disclosure of policy-holders.Through the research on these issues,we can find ways and suggestions to improve the rules of the obligation of disclosure.Based on the legislative experience of overseas insurance disclosure obligation,this paper studies the obligation of disclosure from the legal elements of the performance of obligation of disclosure and several controversial issues in judicial practice.The main contents are divided into four chapters.The first chapter mainly deals with the historical basis,legal nature,legal basis and the introduction of the latest foreign related legislation of the insurance disclosure obligation.The feature of this chapter is to comment on the five theories(the aleatory contract theory,the theory of warrant of defects,the theory of utmost good faith,the theory of facts conforming to telling,and the risk estimation theory)that are commonly used in the theoretical basis of the obligation of disclosure in insurance law,and the three general theories(the legality,the pre-contract nature,and the unreal obligation)that are legal in nature.The second chapter compares and studies the main part,scope,time,method and theory of performing the obligation of disclosure and the disputes in judicial practice.The third chapter is to analyze the controversial issues in the implementation of the system of obligation of disclosure,focusing on the definition of important concepts such as "important facts" and "general clauses" and the criteria for judging their effectiveness,as well as to find out the reasons that lead to the continuous chaos in the insurance industry in the management and dispute handling.The fourth chapter puts forward some suggestions and opinions on the perfection of the obligation of disclosure from the perspective of legislation and judicature,providing some useful methods and suggestions for the further perfection of China's Insurance Law and the solution of the problem of obligation of disclosure in judicial practice.