Study On The Validity Of The Exemption And Format Clause Of Insurance Contract

In recent years,the insurance industry has entered a stage of rapid development,in order to meet the market demand,higher economic efficiency and lower transaction costs as the insurer and the pursuit of the goal,more and more insurance exemption clauses that apply to the insurance contract.But due to enter into an insurance exemption clauses in the contract status of both parties are not equal,insurance exemption clauses effect rules of the legislative defect and insurance exemption clauses of its limitations and other factors,resulting in the insurance practice,the insurer and the insured,determination of the existence of a large number of disputes the validity of the insured or the beneficiary of the insurance exemption clauses,which had aroused our attention.Insurance exemption form clause is closely related to the interests of the insurer,the insured and the insured.Insurance exemption format clause is an important means of effective balance of both parties of insurance contract interest,if the for reasonable utilization and affirm the validity,the healthy and stable development of the insurance industry,on the contrary,it will not only damage insurance contract the parties of interest,it will hinder the healthy development of the insurance market.Therefore,it is necessary to investigate and analyze the validity of the exemption clause in the insurance contract.In this paper,the "insurance law" nineteenth as the object of study,on how to effectively identify the validity of the validity of the insurance contract exemption form,the main contents are as follows:The first part,overview of the exemption clauses of insurance contract.This part mainly introduces the concept,necessity and the legislative purpose and the applicable conditions of the nineteenth article of the insurance exemption clause.The second part mainly discusses the judicial status and the existing problems of the validity of the insurance contract exemption clauses.First of all,by determining a time period to find out the validity of the validity of all the provisions of this period of insurance exemption cases,observe the general situation of the validity of the insurance exemption form clause.Secondly,to the "insurance law" nineteenth for the analysis of the object,to find out the court cited nineteenth items that the validity of the validity of the provisions of the insurance exemption.In the third part,it is mainly about the theoretical research of the nineteenth applicable scope of the "insurance law".There are mainly "core payment terms exclude applicable theory","the reasonable distribution of insurance risk" and "the limitation of adverse interpretation rules".The fourth part is about the validity of the insurance contract disclaimer form.Mainly from two aspects.First,put forward suggestions to perfect the "insurance law" Article 19 control rules from the legislative point of view,one is construction to the "insurance law" Article 19 control based insurance exemption clauses recognize the validity of system,constructing the "insurance law" Article 19 control rules pumping as interpretation and specific examples of combining rules paradigm.Secondly,insurance exemption format validity confirmation should conform to the insurance risk allocation principle,Insurance Law Article 19 content control rules of payment equilibrium requires the consideration of the rational allocation of insurance risk;the second is the unfavorable explanation rule use need to consider the rational allocation of insurance risk;third,in order to ensure the normal operation of the insurer need to consider the insurance risk allocation.