Research On The Application Of The Principle Of Reasonable Expectation In The Interpretation Of Insurance Contracts

The format and specialization of insurance contract make the interpretation of insurance contract become normal.In order to effectively solve the disputes caused by the parties' inconsistent understanding of the insurance clauses,the principle of doubtful interest interpretation is introduced into the insurance law.However,with the rapid development of the insurance industry,the ability of the insurer and the policyholder to conclude a contract is extremely unbalanced,the use of a single interest interpretation principle is not enough to balance the status of the two sides of the contract has been out of balance,the principle of reasonable expectation is exactly this background should be born.The principle of reasonable expectation is a natural extension of contract justice.As a special rule,it has its own unique advantages,which not only corrects the deviation of understanding between contracting parties to the same policy terms,but also weakens the unique advantage of the insurance clause maker to draft the terms in advance.The principle of reasonable expectation has not been introduced into China's insurance law,but its unique advantages in the interpretation of insurance contracts have been widely recognized.Therefore,it is of great theoretical and practical significance to strengthen the research on the application of this principle from the perspective of many difficulties faced by insurance practice in China.The principle of reasonable expectation is to interpret the insurance contract based on the policyholder's reasonable expectation of the contracting purpose.The function and value of the principle of reasonable expectation are different from the principle of doubtful interest interpretation.The principle of reasonable expectation has the advantages of breaking through the echo characteristic of insurance contract,correcting the imbalance of justice in insurance contract,and expanding the traditional relief channels.Its application does not deviate from the fundamental principles of traditional contract law,and "reasonable expectations" can be established without prejudice to the rapid transactions of today's society.Therefore,the introduction of the principle of reasonable expectation into the interpretation of insurance contract law in China has a legitimate basis.The principle of reasonable expectation is a relief interpretation principle,and its application should not be based on the premise that the clauses of the insurance contract are ambiguous,nor should it be the priority principle for the court tointerpret the insurance contract,but should be applied on the basis of exhaustion of the general contract interpretation principle.As an extremely strict interpretation principle,the application of the principle of reasonable expectation must be strictly limited,and the criterion of "reasonable expectation" must be accurately grasped,and it should be coordinated with other interpretation principles and systems,so as to reflect the comparative advantage of the principle in the interpretation of insurance contracts.