An Analysis On Applicant's Truthfully Informing Obligation

For the interests of the insurance contracting parties,the truthful notification obligation of the policyholders plays an important role that cannot be ignored.However,the insured's obligation of truthful notification has been a big argument in the academic and practical circles,and it is difficult to form a unified opinion,which makes it impossible to obtain a unified and effective solution to the contradictions and conflicts in practice.In response to this problem,this article intends to proceed from the basic theory of truthful notification obligations,explore the differences and causes of truthful notification obligations in theory and practice,and deepen the existing policyholders in conjunction with the current legal disputes regarding the obligation of notification of policyholders in China.To inform the truth of the theoretical research obligation of truthfully,and try to provide research solutions in resolving the differences between theory and practice.This thesis is mainly divided into five parts:The first part is the preamble.The research background and significance,research methods and paths,and the purpose of the thesis are elaborated.Focusing on reviewing the research results of the obligation system of truthful notification by Chinese and foreign scholars through the form of literature review.The second part is the basic theory of truthful notification obligation.Starting from the study of the concept of the notification obligation system,the significance of the establishment of the system and the traditional theoretical basis of the principle of maximum honesty and credit are analyzed.At the same time,based on the existing doctrine,the principle of consideration balance is derived."The opinion of.This view is the author's view of innovation.Finally,the nature of the obligation of truthful notification is defined comprehensively.The third part is the analysis of the specific rules of the obligation of truthful disclosure.Starting with the analysis of the truthful notification obligation system in China's existing laws,the provisions of the existing laws are analyzed,and the content of the subject,time,and content determination are fully discussed.On the subject side,with regard to the question whether the insurance broker should be the subject,which is rarely discussed in the academic circles,combined with existing theories,an in-depth analysis and the conclusion that the insurance broker should not be included in the scope of the obligation subject.In terms of time,three aspects have been fully discussed from the time of "concluding an insurance contract",when the insurance contract is "renewed",and when the life insurance contract is "reinstated".In terms of content establishment,it traces the historical evolution of the scope of truthful notification obligations from unlimited notification obligations to limited notification obligations,analyzes from the perspective of insurer inquiry in truthful notification obligations,and further defines the scope of truthful notification.The fourth part,truthful notification of the breach of obligations and legal consequences.This partstarts with the constituent elements of the insured person's breach of the truthful notification obligation,and analyzes the subjective and objective elements of the insured person's breach of the truthful notification obligation,as well as the different situations,to set the stage for the improvement of the later systemThe fifth part is the improvement of the notification obligation system in China.This paper analyzes the lack of design of the notification obligation system in China's insurance law,and puts forward suggestions to improve the notification obligation system in combination with the previous discussion.