Empirical Analysis On The Informative Obligation Of Risk Increases In The Insurance Law

The obligation of the insured to notify when the degree of danger increases significantly in the insurance law means that,during the performance of the insurance contract,If the risk of the insured subject matter increases significantly compared with the moment when the insurance contract was signed,the insured shall notify the insurer of the fact that the risk has increased.This article selected 1691 cases out of insurance dispute cases,with the keywords of danger,increase and notice.The time span spreads from January 1,2014 to December 31,2018.In detail,there are 297 cases in the year of 2014,307 cases in the year of 2015,326 cases in the year of 2016 and 479 cases in the year of 2017.Due to the time difference of uploading and the enactment of <Interpretation IV>,the judgement documents are in a total of 282 copies in 2018.Therefore,it can be speculated that the judicial practice has a large dispute over the “notification obligation of risk increase”.The most important reason is that the provisions of the Insurance Law and related regulations are relatively simple on the issue of obligation notification,and there is a blank in lots of details.In addition,the views of the academic circle are all various.On May 14,2018,The Supreme People's Court passed the Judicial Interpretation IV affiliated to the Insurance Law,and it went into force on September 1.However,it only defined the identification factor of the “significant increase” of the risk degree.The first chapter explains the meaning and the theoretical basis of the obligation notification of increasing risk.In this part,the development of the obligation to in-crease the notice of the increase of the risk is first discussed,and the legislative evolution of our country is summarized from the basis of the cause of the obligation.After that,it is pointed out that the obligation should cover the principle of good faith Then,the paper analyzes the theory of economics,and explains the necessity of setting up the obligation of the notice of increasing the risk.Finally,the paper introduces the method of this paper,and points out the source,study and analysis of the sample cases.In the second chapter,the analysis of the comparative law is divided into two parts: the determination of the extent of the increase of the degree of danger and the fact that the insurer can take measures after the risk is increased,and the duty of notice of the increase of the risk in the insurance law of the five countries of Taiwan,South Korea,Germany,Japan and France In this paper,the similarities,similarities and differences of the provisions of these countries or regions are compared with the system of our country,and the commonness and individuality of different systems are summarized through such comparison,so as to provide the statistical index for the empirical analysis.The title of chapter III is the type of dangerous “significant increase”.The study is based on the different classification criteria of the dangerous “significant increase”,which is divided into an agreement with an unagreed hazard,an increase in the subjective and objective risks,and a three-part increase in the risk in Interpretation IV,each of which starts with the sample statistics and is analyzed in theory End.In section I,it is argued that the insured will need to be notified of a significant increase in the degree of danger,whether the agreed risk is increased or the risk is not agreed to increase.In the second part,the author points out that the current insurance law in China does not make the main objective and the subjective fault of the risk increase,but also the subjective fault of the insured,and the dangerous increase in these cases has the same law.The consequences should be further refined and supplemented The third section is on the seven factors in the Interpretation IV and a negative determination.The fourth chapter studies the other focal points in the litigation related to the increase of the risk,the first section studies the scope of application of the obligation to increase the risk,and in the present law,the property risk can be both the agreement and the legal;the personal risk can only "It is the agreement.In the judgment of the second section of the danger increase notification obligation,the contract agreement shall be applied directly to the increase of the agreed dangerous increase from the difference between the agreed risk increase or the non-agreed risk increase,unless the insured has the evidence to prove that the danger level is not “significant increase”,and it is not agreed to be in danger" The risk is increased,and real-time quality judgment.In the positive analysis of the notification obligation,this paper proposes to comply with the practice of judicial referees and to increase the duty of notification in the law.in addition to that summary of the content in this article,it is further instructive and extend to the obligation of the risk increase notification,in addition to the summary of the content studied herein.