The Research Of The Notification Obligation Of Increasing Insurance Subject Risk

Notification obligation of increasing insurance risks is a legal obligation on insurance law.After insurance contract is signed,if the degree of risk insurance subject of a significant increase occurs,without delay,inform the insurer to make timely assessment of the risk and make additional insurance premiums or terminate the contract in time.The degree of risk of insurance is in an unstable state,which will lead to the final insured event exceed the coverage of contract.The objective of this obligation is to solve the problem of asymetric information between the parties,giving the insurer the right to terminate the contract or increase premiums,to resume the balance of consideration of obligations between the parties balance.Article 52 of“Insurance Law of the People’s Republic of China" have been made to further refine the requirements,but there will be still problems in practice,such as for the definition of "significant",the definition of time and perform the way and the circumstances in which a significant increase in the risk of the parties may be exempted from the obligation to notify the legislative basis and so it can not be found easily lead to disputes.Simultaneously,the main bodies and range of performance,key components are in-depth analyzed,in order to give some suggestions on improving our insurance legislation.The first part discusses the legal basis of the notification obligation.Article analyzes the principle of utmost faith,the principle of payments and counter payments equalization,the principle of changed circumstances are legal basis of the notification obligation.The second part discusses the implementation of the notification obligation.The third part discusses the species and definition of notification obligations.Through cases analysis the increased risk of constituent elements,including the extent of the condition,subjective conditions,time condition,and causality condition.The last part discusses the legal consequences of the notification obligation and puts forward the insufficient of our insurance law.