Research On The Application Of Reinstatement System Of Insurance Contract In China

Reinstatement system of Insurance contract is different from general civil contract,insurance law peculiar a system,it mainly guarantees the rights of the insured and prevents the insured from losing effectiveness of the contract due to negligence or inability to pay insurance premiums,as a possibility of retaining the effectiveness of reinstatement.However,due to the late development of China's insurance industry,there are still many deficiencies,the insurance law is not perfect enough to lead to the insurance contract revalidation system is rough,the development of theory can not meet the needs of practice.In order to develop China's insurance industry and insurance legal system,this paper intends to re-examine and discuss China's current practices from the perspective of application,and put forward positive and specific Suggestions and countermeasures to improve China's insurance contract recovery system.Firstly,this paper briefly defines the concept of Chinese insurance contract reinstatement system and briefly explains its application significance,emphatically studies and discusses the scope of Chinese insurance contract reinstatement system,and puts forward the view that Chinese insurance contract reinstatement system should be applicable to property insurance and further demonstrates it.Moreover,talking about the applicable condition of system of insurance contract answer effect in our country,this part of the content is according to the regulation of insurance law in our country,the applying condition of the system of insurance contract answer effect is divided into four aspects,including the suspension of the contract,the applicant's answer effect of application,the parties "agree",the pay of insurance premium.And then find the existing legal provisions and existing insurance practice problems and analysis and put forward recommendations,focusing on the latest judicial interpretation of these aspects of the provisions and legal gaps.Finally,what needs to be studied and discussed is the applicable legal effect of China's insurance contract reinstatement system,which is mainly discussed from two aspects: in terms of basic legal effect,the confirmation of the time point and the nature of the contract after the successful revalidation of the insurance contract,as well as the contract effectiveness and cash return without the successful revalidation are the key contents;In terms of special legal effects,there are innovative studies and discussions on the obligation to inform,suicide clauses and the impact of non-negotiable periods.