Research On The Legal Application Of The Notification Obligation Of The Insured's Risk Increases

Danger increases notice obligation is insurant exceeds legal limits because of dangerous condition change of insurance mark inside insurance contract validity,insurant place undertakes a kind of obligation,this obligation controls risk to the underwriter,safeguard oneself rights and interests is crucial.In the theory of insurance,the study on the obligation of notification of the insured's increased risk is becoming more and more mature.Previous researches mainly focused on the field of insurance theory,but ignored the judicial practice in China,which is also the reason why China's legislation has little response to insurance theory.However,it cannot be denied that the current legal provisions on the risk of increasing the notification obligation in China are inadequate,which is a major difficulty faced by judicial practice in trying such disputes.It is actually an infringement on the stability of the law to talk about the rectification through legislation.In the face of judicial practice problems,the solution is to give full play to the judicial initiative,interpret the law within the scope allowed by the law,and enhance the resilience of the application of the law.The research of this paper mainly starts from the judicial practice,through the study of the judgment,found that the judicial practice is facing problems.Through the study of judicial cases,it is found that the judgment standard of the court for the increase of risk is not uniform,and there are different cases of the same case,the main reason lies in the uncertainty of the degree of "significance" of the increase of risk.Starting from the provisions of the insurance law,the court believes that the insured's risk increase notification obligation must be stipulated in the contract,otherwise the notification obligation shall not be waived.This kind of practice of "only contract agreement" ignores the identification of the risk increase without agreement and the real risk increase,which causes infringement on the rights and interests of the parties and is not conducive to the settlement and settlement of disputes.Whether the notice obligation of risk increase can be written into the exemption clause or not,there is also a dispute in practice,which leads to the judgment of whether the insurer needs to perform the obligation of presentation and explanation.As for the judgment of causality,there is no clear judgment standard in Chinese law.In judicial practice,judges play their role in adjudicating disputes,but without judicial guidance,the judgment of the court is also faced with a test.Therefore,from the perspective of law application,it is necessary to guide judicial practice and unify the application of law as much as possible.Following the case study,this paper analysed and then puts forward some ideas of law applicable to the proposed to compose,remove the introduction and conclusion,this paper this paper is divided into four chapters,the first chapter increased risk to inform obligation to do a simple overview,the second chapter studies the judicial sample,and puts forward related problems,the third chapter from the jurisprudential analysis of the above problems,the applicable law in the fourth chapter puts forward Suggestions.