Form Clause Of Insurance Contract Obligatory Research

The provisions of article 17 of our country "insurance law" the duty of the insurer instructions for system,in 2013 the supreme people's court on the applicable"insurance law of the People's Republic of China >(2)the explanation of some issues"(hereinafter referred to as the "insurance law judicial interpretation 2)in the instructions for compulsory system has carried on the elaboration to the underwriter,but the duty of the insurer instructions for system in practice there are still more controversial.In practice,there is a big dispute about whether the exclusions,deductibles,deductibles,proportional compensation and relevant clauses that lead to the termination or termination of insurance contracts belong to the clearly stated objects.The legislative purpose that the underwriter hints to explain obligation depends on protecting policy-holder,insurant right to know,make policy-holder,insurant signs insurance contract is to be based on the expression of autonomy of its meaning,prevent because the underwriter USES its own advantage and encroachment on policy-holder,insurant legitimate rights and interests.The regulation of insurance contract is an important task of insurance legislation and judicial practice.From the perspective of current insurance practices in various countries,the norms of insurance clauses can be divided into administrative regulation and legislative regulation.Administrative regulation refers to the fact that insurance regulatory authorities,in accordance with laws and regulations,review the insurance format clauses in advance so as to prevent unfair clauses in the format contracts.Legislation regulation means that the legislator regulates the insurance clauses from the procedure and entity through clear provisions.This paper mainly studies the insurer's obligation of prompt explanation from the following four aspects:The first part,the introduction part mainly introduces the background and significance of the topic selection,the research status at home and abroad,comprehensively sorts out the obligation of the insurer to prompt and explain,and absorbs and digests the existing research results.The second part,mainly selects three typical cases,through the analysis of the typical cases,summarizes the dispute focus of such cases in judicial practice and the opinions of the court in judging such cases.The third part,through case analysis,sorted out the main problems of the obligation system of insurer's reminder,and analyzed the main problems.The fourth part,through the analysis of the problem,combined with the relevant research results and relevant cases of the court,puts forward countermeasures for the improvement of the insurer's reminder obligation system,so as to protect the legitimate rights and interests of the insured and the insured and maintain the rapid development of insurance business.