A Study On The Inform Obligation In The Life Insurance

As a special system in the insurance law,the obligation to inform is related to the fate of insurance.In the judicial practice of life insurance contract disputes,one of the focuses of the dispute between both parties is whether the inform obligor has fulfilled the inform obligation which is stipulated in the Chinese Insurance Law and its judicial interpretation.In recent years,many countries have made new regulations on the inform obligation system of insurance contracts,such as the German Insurance Contract Law in 2008,the Japanese Insurance Law in 2008,the Britain Consumer Insurance Law in 2012,the Principles of European Insurance Contract Law in 2014,etc.However,the provisions on the obligation of disclosure in China's Insurance Law are still relatively general,which leads to different understandings of local courts in the application of specific provisions,and resulting in different judgments in the similar cases;domestic theoretical research on the obligation of disclosure is also mostly before the revision of the insurance law in 2009 and the issuance of the third judicial interpretation of the insurance law in 2015,it is difficult to deal with the new problems in the life insurance disputes.Based on the current situation of the development of insurance industry in China and abroad,this article analyzes the argument about the obligation of disclosure in life insurance by using the research methods of literature analysis,comparative analysis and empirical analysis,tries to build a more specific and detailed standard system of the obligation of disclosure in life insurance,and contributes our own strength for the harmonious and stable development of China's insurance industry.The main content of this article consists of four chapters.The first chapter is an overview of the obligation of disclosure in the life insurance contract,which mainly involves the connotation,nature and theoretical basis of the obligation of disclosure.For the theoretical basis of the obligation of disclosure,the author thinks that we should adopt the Maximum Integrity Theory and the Danger Estimate Theory,and understand the Maximum Integrity Theory in light of the current situation of the development of China's Insurance Industry.The second chapter is the analysis of the basic category of the obligation of disclosure in life insurance.This article focuses on the time,scope,subject of performance and legal consequences of breach of the obligation of disclosure.It aims to analyze the above four aspects and point out the inadequacy of the provisions on the obligation of disclosure of life insurance in China's insurance legislation.At the same time,it introduces the legislation of the relevant aspects of foreign countries for reference.There is no special provisions in China's Insurance Law about whether the inform obligor need to perform the obligation of disclosure when the insurance contract is reinstated and renewed.The provisions of the inform obligor are too single,and the definition of important facts and subjective status also lacks specific operational standards.Starting from the imperfections of the above provisions,combined with the judicial precedents after the third judicial interpretation of the insurance law came into effect,that is,after December 1,2015,the third chapter analyzes the reasons for disputes in China's life insurance practice due to the inform obligation.Case analysis is focused on three aspects: the judgment of important facts,the effectiveness of general clauses,and the application of irrefutable clauses.Through the analysis of the typical cases in the judicial practice,this article puts forward some effective suggestions on the provisions of the inform obligation in the insurance law of our country.In the fourth chapter,the author puts forward some suggestions,such as making clear the time of performing the obligation of disclosure,increasing the insured to be the inform obligor,making specific effective provisions for the general clauses which appear frequently in practice,making restrictive provisions for the irrefutable clauses,and establishing a new standard to treat the right of refusal of the insurer.