Research On The Reinstatement System Of Life Insurance Contract

China's "Insurance Law" stipulates that the life insurance contract for the payment of premiums by means of instalments is agreed,and the insured fails to deliver the renewal premiums on time.If the premiums have not been paid after the grace period,the effectiveness of the insurance contract will be suspended.When the suspended insurance contract meets the statutory conditions,the contract resumes its effectiveness.In the contract for the delivery of premiums in installments,the insured may not be able to deliver the premiums on time due to temporary negligence or temporary financial constraints.The insurance system establishes a reinstatement system,giving the insured an opportunity to re-perform the contract.In the process of reinstatement,in order to avoid the generation of adverse selection,it has become a consensus to give the insurer a certain right of reinstatement.According to the size of the insurer's reinstatement consent,the legislative model of the reinstatement system can be divided into: consentism,automatic reconciliation,insurableism,and loose insurability.At present,China adopts a reinstatement system of the insurable model.The insurer requires the insured to provide the insured's guarantee when applying for reinstatement,and the insured must perform the obligation of truthful disclosure.After the reinstatement,the insurance contract will add new notification content.The reinstatement contract is the combination of the original contract and the new notification content,and its legal nature should be recognized as “special contract theory”.Although our country's legislation stipulates the reinstatement system in the chapter of the personal insurance contract in the insurance law,and stipulates that the scope of application of the reinstatement system is the life insurance contract,this article considers that based on the principle of autonomy of will,if the parties have agreed on the reinstatement clause in the property insurance contract,A reinstatement system is also applicable.The applicable conditions of the reinstatement system are the application for reinstatement by the insured,the insignificant increase in the degree of danger of the insured,and the surrender of premiums and interest due.First,the reinstatement requires the applicant to submit a reinstatement application.In China,the subject of the application for reinstatement is limitedto the insured,and the insured and the beneficiary have no right to apply for reinstatement.However,this paper believes that the insured and the beneficiary have a direct interest in the existence of the contract,and should be given the right to apply for reinstatement.Secondly,it is necessary to consider whether the risk level of the insured is significantly increased when the effect is reinstated.If the degree of danger of the insured is significantly increased,the insurer has the right to refuse the reinstatement.Finally,the insurance contract resumes its effectiveness after the insured pays the premiums and interest owed.When the contract is reinstated successfully,the contract effectiveness returns to its original state,and the suspension period will be counted in the entire insurance period,and the insurance contract is deemed to have never been interrupted.However,there are irresistible clauses and suicide clauses in the life insurance contract,and the contract has experienced suspension and reinstatement,which will affect the period during which these terms are affected.In combination with the institutional value of the reinstatement system and the purpose of setting up the non-defense clause and suicide clause,the period of the irresistible clause of the new notice content in the reinstatement contract shall be recalculated from the date of reinstatement;the period of exemption from the suicide clause of the reinstatement contract shall start from Calculated from the date of the establishment of the insurance contract.