Research On Internet Insurance Contract

In a modern society in which science and technology are constantly developing,Internet insurance,as a new form of insurance transaction,has been recognized and accepted by more and more people.Due to its own characteristics,Internet insurance differs from traditional insurance contracts in many aspects,such as the conclusion and implementation stages.Therefore,research and analysis of Internet insurance contracts are conducive to providing guarantees for the safe operation of the Internet business model,thereby promoting the steady and healthy development of China's Internet economy.Focusing on the central theme of Internet insurance contracts,the writing of this article will be divided into four chapters.Starting from the basic theories of Internet insurance contracts,this paper analyzes the notification obligations of insurers,the obligations of insurers,and the establishment and entry into force of Internet insurance contracts in China.There are problems in the judgment of time and the identification of the main body of the insurance contract,and then relevant suggestions are made.The first chapter is the basic theory of Internet insurance contracts.First,the concept and nature of Internet insurance contracts are clarified.Second,Internet insurance contracts are compared with traditional insurance contracts.The differences between Internet insurance contracts and traditional insurance contracts are summarized.The subject,object and content of the legal relationship of Internet insurance contracts are analyzed.The second chapter is the notification obligation and explanation obligation in the Internet insurance contract.The notification obligation is an important part of the insurance contract obligation.Therefore,the content and method of performance of the obligation should be clearly notified,that is,what is known or should be known first.Judgment of important facts,followed by fulfillment of the notification obligation based on inquiry-information doctrine.The insurer's description obligation is divided into a general description obligation and a clear description obligation.The performance of these two description obligations affects the realization of the purpose of the contract.Therefore,thedescription obligation should be analyzed and studied in depth.The third chapter is about the determination of the establishment and effective date of the Internet insurance contract.First of all,for the determination of the establishment and effective time of the general Internet insurance contract,it introduces the different theoretical viewpoints of the academic world,that is,the charge theory and activation theory,and elaborates the personal viewpoint.Secondly,for the determination of the time when the self-service card-type Internet insurance contract is established and effective,it introduces different theoretical viewpoints of the academic world,namely,appointments and this treaty,and elaborates personal viewpoints.The fourth chapter is the identification of Internet insurance contract subjects.At present,the Internet insurance industry recognizes the contract subjects in three main ways: identity card identification verification,mobile phone verification code verification,and bank card identification verification.Although these three methods are simple and fast,but However,it will bring hidden dangers such as difficult identification of the insured person.In response to such problems,this article puts forward corresponding suggestions to solve the problem,that is,to clarify the true meaning of the parties and use the identification rules of the e-commerce subject.Secondly,it should be based on the three basic principles identified by the e-commerce subject,combined with the special provision of civil capacity presumption,to clarify the identity of the subject.