Research On Reinstatement System Of Life Insurance

Generally speaking,Life insurance contracts have long-term duration,and it is common for policy holders to fail to pay premiums for various reasons.According to the paragraph 3 of Article 49 of the Chinese Contract Law,at this time,the insurer may terminate the contract.However,Given that the life insurance is special,Article 36 and Article 37 of the Insurance Law of China stipulate the reinstatement system for insurance contracts.That makes the validity of life insurance contracts is different from the other business contracts.The interpretation of the Supreme People's Court on Several Issues concerning the application of the "People's Republic of China insurance law"(three)further explains and perfects the reinstatement system,helping protect the interests of policy holders and promote the stable development of the insurance industry.But,there are still many imperfections in China's reinstatement system of life insurance contracts:Before the suspension of insurance contract,whether the insurer should bear the obligation to sue;At the time of reinstatement of insurance contract,how to judge "the degree of.danger has increased significantly",whether the policy holder has the obligation to truthfully inform,how to determine interest rate;After the reinstatement of insurance contract,how the legal nature of contract changes,when the special insurance clauses begin to start and so on.Therefore,this article will discuss the following four parts in accordance with the chronological order of each stage of the reinstatement system:To form a basic understanding of the reinstatement system,The first part will introduce the concept of reinstatement of insurance contracts.This part also explains the values and significances of the reinstatement system,that can provide the value directions to deal with controversial issues of reinstatement system.The second part focuses on the prerequisite of the reinstatement system—the suspension of insurance contracts,and explains the definition to distinguish between the suspension and termination.Secondly,based on the typical judicial cases,it focuses on the conditions of the suspension of insurance contracts.With the investigation of legislations in Taiwan and South Korea,this part aims to improve the grace period system,and to provide reasonable advice on the notification system and the investigation of reasons of not paying premiumThe third and fourth parts are the highlights of this thesis,the two parts aim to explore the conditions and legal consequences of the reinstatement system.In the third part,which is "Reinstatement Conditions of Life Insurance",this article will compare the three typical legislative models,and elaborate the significance of the loose model for China;Analyze the conditions of reinstatement system of the Insurance Law,and improve it with reference to the opinions of different scholars and extraterritorial legislations.In this part,the thesis advise to broaden the scope of reinstatement application subjects,and complete the standards of underwriting risks,definite the interest rate.The fourth part first discusses the legal nature of the contract after reinstatement,which determines the understanding and application of the incontestable clause and observation period clause.In addition to the nature of the contract after reinstatement,this article will analyze and propose improvements based on the legal principles of the special clauses themselves.