The Principle Of Reasonable Expectation Of Insurance

The principle of reasonable expectation of insurance is controversial in every stage from its emergence to its development.The purpose of the research on the principle of reasonable expectation of insurance is to perfect the principle of reasonable expectation of insurance itself.From the point of view of the value of the principle of reasonable expectation of insurance,the protection of the legal interests,the applicable conditions and so on,this paper interprets the importance of the principle of reasonable expectation of insurance in the law.After continuous exploration,the principle of reasonable expectation of insurance has its own place in the judicial practice.This paper expounds the value of the principle of reasonable expectation of insurance by discussing the background,historical development,applicable conditions and judgment of reasonable expectation of the principle of reasonable expectation of insurance.The contents are as follows:Part I: Ask questions.Taking the case of boai hospital insurance contract dispute and the case of li hongmin personal insurance contract dispute as examples,this paper introduces the problems of reasonable expectation principle in judicial application in China.Part II: It mainly discusses the principle of reasonable expectation from the theoretical aspect.This paper mainly introduces the background,historical development,legal basis and functions of the principle of reasonable expectation in judicial practice.Finally,due to the coincidence of connotation and function of the application of the principle of reasonable expectation and the principle of doubtful interpretation in judicial practice,the author makes a comparative analysis on the definition of the principle of reasonable expectation and the principle of doubtful interpretation in insurance law.Part III: Disscuss the application of the principle of reasonable expectation in judicial practice.Starting with the judicial identification standard and applicable conditions of the principle of reasonable expectation in insurance law,this paper discusses in detail the judgment standard of the principle in judicial practice,especially for the reasonable identification standard.Part IIII: Expatiate on the benefit of introducing reasonable expectation principle to judicial practice in China.In the present legal system of our country and the contract interpretation methods adopted especially the interpretation methods of insurance contracts are sorted out and the necessity of applying the principle of reasonable expectation of insurance in our country is summarized.At the end of the paper,the feasibility analysis is made on how to introduce the principle of reasonable expectation.