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On The Legal Effect Of The Exemption Clause In The Insurance Contract

Posted on:2018-02-13Degree:MasterType:Thesis
Country:ChinaCandidate:H S ZhangFull Text:PDF
GTID:2436330542966102Subject:Civil and commercial law
Abstract/Summary:PDF Full Text Request
The exemption clause in insurance relates to the interest between the insurer and the insured and is an integral part of the insurance contract.However,with the rapid development of China's insurance industry,the insurance law caused by the exemption of disputes arising from the intensified,often the insurer for their own interests to use the exemption clauses to shirk responsibility,resulting in the insured suffered economic losses and other things happen.In these adverse events,the exemption clause in the insurance law did not play its role in fairness and justice,but instead become the consumer's "Overlord terms",controversial.In this context,this paper studies the legal effect of the liability clause in the new insurance law,and starts from the basic concepts such as its meaning,and study the basis and principle of its establishment,and evaluate whether the exemption clause of the insurance law has legal effect And put forward the corresponding suggestions for the purpose of constructing the fairness of the exemption clauses,and lay the theoretical foundation for solving the problems existing in the insurance industry in China.
Keywords/Search Tags:Insurance Law, Disclaimer, Legal Effect
PDF Full Text Request
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