Research On The Right Of Rescission Of Contract Of The Insured In Non-death Personal Insurance

In order to protect the personal rights and interests of the insured and reduce the probability of occurrence of moral hazard,Article 2 of the "Interpretation of Several Issues Concerning the Application of the Insurance Law of the People's Republic of China(3)" stipulates that the insured may issue a written consent in writing.The meaning is expressed as the cancellation of the insurance contract,thereby giving the insured the right to terminate the contract in the death insurance.However,life insurance includes both death and non-death.In reality,the non-death life insurance insured also has moral hazard.At the same time,based on the requirement of protecting the insured's personality and respecting the contract law change principle,this article is for non-death insurance.The insured's contract cancellation right is systematically sorted out and explored.The logic of the whole text is: firstly,the theoretical background and the problem are drawn out,and then the core problems and possible problems in the application process are proposed.Finally,the problems are solved one by one.The first chapter gives a theoretical description of the non-death life insurance contract and the legal status of the insured.There is no definition of non-death life insurance in our country's law.We can only exclude the death insurance from the existing life insurance type and get the definition of non-death life insurance.Later,it raised the problem and discussed the necessity of granting the insured's contract cancellation right in non-death life insurance.From the respect of the insured's personality autonomy,the protection of the insured's privacy right and the analogy applicable death insurance,the non-death was obtained.The necessity and theoretical possibility of the insured's right to release in life insurance.The second chapter mainly discusses the theoretical and practical problems that need to be solved for the non-death life insurance insured.The chapter is the general structure.First of all,the obstacles to be solved in the first section are the breakthrough of the principle of contract relativity.The status quo and breakthrough of contract relativity are discussed by examples.The principle of relativity is proposed in the insurance contract by the insured contract cancellation right.The breakthrough is made.Secondly,the sub-speaking part is the second,third and fourth sections.It mainly raises the problem faced by the hypothetical insured after exercising the right to release the right.The third chapter is the concentrated solution to the above problems,and draws the following conclusions: 1.The life insurance contract has the space to break through the principle of relativity,mainly based on(1)the particularity of the subject matter of the contract,based on the life or body of the person.The subject matter of insurance has its own particularity;(2)protects the privacy of the person and respects the free will of the person;(3)the insurance contract belongs to the category of his contract,and there is a precedent for breaking the relativity.Such as: the claim of the beneficiary in the life insurance contract and the direct claim of the victim in the liability insurance contract;(4)the current law already stipulates the right of the insured in the death insurance,by analyzing the same death and non-death insurance Point,to conclude that the non-death insurance insured has the right to terminate the contract.2.Sections 2,3,and 4 resolve the specific manner of dismissal of the insured,the effectiveness of the agent's exercise on behalf of the incumbent,and the effectiveness of the right to dismiss the person who is not fully capable.