The Research On Insurance Contract Truthful Obligation

The truthful disclosure obligation system is a very important system in the insurance contract.It means when entering into an insurance contract,The insured shall truthfully inform and state the relevant matters of the subject matter of insurance to the insurer.It is the basic requirement of the principle of maximum integrity of insurance contracts.The disclosure obligation to inform the parties to the contract in good faith and comprehensively.In daily economic activities,violation of disclosure obligation is one of the main reasons for insurance contract disputes.Based on the advanced legislation of other countries,China's insurance law has formulated a truthful notification system that is compatible with China's national conditions.However,there are still some gaps and loopholes,which lead to many disputes that cannot be properly solved,which brings many inconveniences to judicial practice.This article uses methods such as comparison methods and case analysis methods,Systematic analysis of truthful disclosure obligations.At the same time,select the typical case of the typical truthful obligation,explain the problems in the truthful disclosure obligation system and the legislative defects in China,and put forward some perfect opinions and suggestions.For example,Article 16 of China's Insurance Law stipulates that an insurer may cancel an insurance contract because the insured has failed to perform the obligation of truthful disclosure due to intentional or gross negligence.This article is divided into four chapters.The first chapter is an overview of the obligation to tell the truth,mainly introduces the concept,nature and historical development of disclosure obligation.The second chapter introduces the regulations of other countries on truthful notification,mainly in the United Kingdom,the United States,Japan and other countries.The third chapter first analyzes the obligation of truthful disclosure,expounds the status of the insurance agent,and combines the case to introduce the legal consequences of the truthful disclosure.The fourth chapter mainly puts forward opinions and suggestions on the content of truthful notification,truthful judgment criteria and civil liability that is not truthfully informed.However,the legal consequences caused by these two subjective faults are different.It is extremely difficult to distinguish the subjective reasons for their occurrence from intentional or gross negligence.There is no corresponding judicial discretion standard in trial practice,which leads to the occurrence of different judgments in the same case.This has caused a lot of controversy in the judicial practice,and it also has research significance.