Study On The Informative Obligation Of The Risk Increase In The Article 52nd Of The Insurance Law

Based on the particularity of insurance activities,the uncertainty of the risk situation of the target,in order to balance the interests between the insured party and the insurance group,the danger of increasing the obligation of notification is born.In setting up the informativeobligation of risk increases,the law has aroused the controversy of the legal nature of the obligation by using the attribute of "contract agreement".For the purpose of setting the obligation of notification of risk increase,it shall be construed as a legal obligation,and therefore it cannot be waived by the insurer's failure to fulfill its obligation to explain the form clause.And when the insurance contract does not clarify the obligation,should not be recognized as the insurer's waiver of their own rights,the insured party still has to fulfill the relevant obligations.According to the dimension of the insured party,the obligation has strong adverse consequences,so it should be based on whether it is significant,continuous and so on as the control elements,but also pay attention to the subjective "knowledge" of the relevant facts,in order to limit the significant consequences of the provision.Changes in the level of risk may exist in various types of insurance,which cannot be ruled out,whether it is property insurance or personal insurance.Based on the purpose of this obligation setting,this paper probes into various legislative examples of civil law countries and the provisions of the relevant contract terms of current insurance products in China,and the obligation of notification of risk increasedesigned by in the insurance law should apply equally to the life insurance,although the insurance law will set it up in the chapter of property insurance.When the equilibrium relationship is broken,the obligation of notification of risk increase is triggered,and the law expects to bring the interests of the two sides back to equilibrium through the performance of the obligation.The insured is the legal subject of notification obligation,and for the policyholder,from the point of view of insurance practice and its position,it should also be one of the subjects of fulfilling the obligation.Whether the beneficiary has the obligation subject qualification or not,it is necessary to analyze its position in the insurance relationship and its control or influence on the subject matter of the insurance.The recipient of the obligation is the insurer and its specific employees,and notice to the insurance agent or insurance broker should also be the completion of the performance of the obligation in a particular state.For the period of implementation of the obligation,specific provisions should be made to discard the general way of setting the rules.Oral notice or written notice may constitute the performance of the obligation when the insurance contract does not provide for the mode of performance.When the obligation constitutes effective performance,the insurer shall exercise the option of increasing the premium or withdrawing the insurance contract within the statutory period,and in general the increase of the premium may be the first choice of the insurer.However,when the risk of intentional or insurance on the one side of the obligation has increased to the point where it cannot be underwritten,the insurer has no doubt as to the exercise of the right of discharge.When the insurer withdraw the insurance contract,the insurance contract should not expire immediately,and the insured person or the insured should be given the period to find alternative insurance.In addition to exercising the right of option,the insurer may also choose to add an exclusion clause to exclude certain risks.In view of the liability of insurance accidents occurring before the insurer exercises the right of option,the ways of determining responsibility should be specifically considered,such as the relevance of the insurance accident and the increase of danger,and the subjective imputation of the volunteer.In the event that the obligation violates the obligation of notification and causes the insurance accident due to the increase of danger,it shall bear the legal consequences of the insurer's exemption.