Study On The Obligation Of Disclosure Of Disclaimer Clauses In Insurance Contracts

Regarded as a typical standard form of contract,insurance contract draws up right obligation between insurer and policy-holder in advance.Generally speaking,policy-holder can only choose to accept or abandon.This method improves the convenience and efficiency of insurance transaction and saves transaction cost.However,because of this,it is easy for the insurer to make use of its advantageous position in information and expertise,to alleviate or exempt itself from liability by stipulating a large number of clauses which exempts itself from liability and making unreasonable distribution of some risks.In the process of concluding a contract,it may exist a circumstance that policy-holders don't comprehend the contract completely,and insurers don't point out or illustrate the clauses which exempts its responsibility.As a result,it may be full of difficulty to settle a claim after a insurance event.On the other hand,after the insurer performs the relevant obligations,there is a dispute over whether the exemption clause is effective or not due to the lack of evidence to prove that the insurer has performed the prompts and clearly stated obligations.Therefore,it is necessary to analyze the point of the conflict between the exemption clauses and legal regulation to find out it reasonable or not.By drawing on and referring to the foreign experience in legislation,judicial and insurance practice on the insurer's obligation to explain,it analyzes and points out the current insurancecontract exemption clause in China,clearly states the irrationality of the obligation,and seeks to improve the legal and practical operation.For this reason,this paper USES the methods such as literature analysis,comparative research,case analysis to analyze legal characteristics of the terms of the insurance contract disclaimer and fundamentals of the clear indication of an obligation.Combining with operation condition and judicial cases related to China's insurance industry,the writer analyze the problems existing in the clear indication of the obligation and Provide some reference suggestions to balance the interests between the underwriter and policy-holder and Promote the healthy development of China's insurance industry.This article is mainly divided into four chapters:The first chapter mainly introduces the legal regulation and relevant case analysis of the obligation of exculpation clause.Introduced the provisions of the China Insurance Law and the Judicial Interpretation of Insurance Law(II)at the present stage on exemption clauses and tips,and clearly stated obligations.the provisions of the specified duty to introduce the relevant judicial case,and this paper will introduce relevant judicial cases,understand the relevant legal regulation status and judicial practice of insurance law in China,and introduce the hints in the development of the insurance industry,and clearly explain the problems of the scope of the obligation,the performance of standards,and the evidence.The second chapter analyzes and discusses the exemption clause of insurance contract.Briefly introduced the insurance contract exemption clauses and prompts,clearly stated the meaning,characteristics and significance of the obligations,and carried out a key analysis of the legal basis of prompting and clear explanation of obligations,paving the way for the following in-depth analysis.The third chapter focuses on the analysis of the exemption clauses of the insurance contract in the country,and the problems in the actual operation.In the practice,the problem is difficult to define in the scope of the obligation,and the insurer prompts the judgment of the degree of performance of the obligation,and at this stage,a series of problems in the operation of online insurance insurance contracts are analyzed in detail.The fourth chapter focuses on the improvement of the disclosure obligations of the disclaimer clause in insurance.Through the introduction of the legislation and practice of insurer's explanatory obligation in the representative countries of the continental law system and the Anglo-American law system,the author has a preliminary understanding of the relevant advanced legislative experience of developed countries.It is necessary to learn from these experiences selectively.The author further proposes suggestions and thoughts for improving and clarifying the explanatory obligation in the following paragraphs.Through the analysis of the first three chapters,this paper proposes to define the scope of the exemption of liability,unify the prompt,clearly state the performance standard of obligation and the distribution of burden of proof,and make suggestions on the regulation improvement of the signing process of Internet insurance,and establish the principle of reasonable expectation.