Research On The Type Of Exemption Clauses In Insurance Contract

Object:As basic clause of the insurance contract,the exemption clause has been an indispensable part of the insurance contract since it came into being,at present,the frequent occurrence of insurance disputes and the problem of "insurance is easy to settle claims" are largely related to the exemption clauses of insurance contracts.The exemption clause is a double-edged sword and the main means for insurers to exempt themselves from liability,there are various types of exemption clauses.,It has always been an important controversy in judicial practice to determine the scope and types of exemption clauses,if improperly handled,the interests of the insurer and the insurer will be damaged and the exemption clause will deviate from its purpose of existence.In this context,it is obviously of great significance for the development of the insurance industry to study the types of exemption clauses in insurance contracts and their corresponding validity.Methods:Based on the analysis of the connotation of the exemption clause,the article analyses the exemption clause of insurance contract from three dimensions: theory,legislation and case,the content mainly involves the recognition and identification of the exemption clauses of insurance contract,the type analysis,the thinking and key points of effectiveness judgment,and based on the above content,on the basis of the analysis of the relevant provisions of the exemption clauses in the insurance law of our country,this paper puts forward some suggestions that can more effectively regulate the exemption clauses of insurance contract,with a view to improving the relevant provisions of the exemption clauses in the insurance law of our country.In the aspect of research methods,the paper mainly uses the method of logical analysis and literature research methods to identify the exemption clauses of insurance contract,expounds the problem from the perspective of theory and legal provisions.In the analysis of the types and effectiveness of the exemption clauses of insurance contract,the case study method is used analyze the controversial and interests standards of measurement method to analyze representative cases in practice,hoping to solve the theoretical problems with the wisdom in practice.Results and Conclusion:The first chapter of this paper analyzes the basis of the identification of the exemption clauses of insurance contract from the concept and particularity of the exemption clauses of insurance contract,that is to exempt the insurer from future compensation liability and enter into the insurance contract,and analyzes the common problems of the identification of the exemption clauses in practice,such as the guarantee clause,the implicit exemption clause and the application of the exemption clauses in the additional contract.In addition,it also gives the judgment thinking of the validity of the exemption clause of the insurance contract.Chapter two to chapter four use different classification methods to study the types of exemption clauses in insurance contract.Specifically,they can be divided into three types: legal exemption clauses and agreed exemption clauses,reason exemption clauses and loss exemption clauses,entity exemption clauses and procedure exemption clauses.According to the characteristics of each type,the paper analyzes the judgment of the effect of exemption clauses in insurance contract,the main points are not to violate the compulsory legal provisions,the basic principles of civil law,the reasonableexpectation principle,and the insurer's obligation of clear explanation.The fifth chapter,combined with the content of the previous analysis,puts forward some suggestions on the definition of the exemption clause of insurance contract,the defects of the rigid explanation obligation system,judicial regulation and regulatory issues,in order to help the improvement of the relevant provisions of the exemption clause in China's Insurance Law.