An Empirical Study On The Risk Increase Notification Obligation In Article 52 Of Insurance Law Of China

The conclusion of an insurance contract is based on the principle of balance of consideration.It requires that the premium paid by the insured party be balanced with the risk insured by the insurer.Its practice is to require the insured to explain and state the degree of danger of the subject matter of the insurance.In recent years,there has been a sharp increase in the number of cases of insurance liability disputes arising from motor vehicle-related insurance contracts.From the empirical analysis of selected related cases,there has already been an application of the obligation to notify danger increase to personal insurance in judicial practice.In the field of contract,in addition,there are gradually judgments regarding the subjective state of the insured as an important consideration for ultimate legal liability.The proportion of liability is determined according to the degree of fault between the two parties.These are the breakthroughs and advances made by judicial rulings based on social development.However,the following problems still exist in the judicial application of Article 52 of the Insurance Law:the judgment scale of "significant increase in danger" is ambiguous,and the notice of the increase in danger is a legal waiver or an agreed waiver.There are different standards for determining causality between occurrences.In the"Interpretation of Several Issues concerning the Application of the Insurance Law of the People's Republic of China(D)" formulated by the People's Supreme Court in 2018,it mainly enumerated the criteria forjudging the " significant increase in danger",and for others injudicial practice.The difficult problems that have arisen have not been further explained.In order to avoid a large number of cases with different judgments in the same case,the three core issues mentioned above should be reviewed one by one in order to unify the standards of judicial decisions.