Research On The Irrefutable Clauses Of The Right To Terminate The Insurance Contract In The Third Paragraph Of Article 16

The irrefutable clause of Article 16(3)of the Insurance Law of my country on the right to terminate the insurance contract stipulates a time limit of 2 years.However,when the insured violates the duty of truthful notification and fraudulently purchases insurance,the insurer can no longer exercise the right after the defense period expires.Whether it is possible to claim the right of revocation in civil law for relief,this issue has always been a hot topic of disputes in the judicial practice of insurance law and theoretical discussions in academic circles.This article starts with the rules of irrefutable clauses,and fully understands the interpretation of the irrefutable clauses of the right to terminate the insurance contract.Taking the two kinds of judgment results in judicial practice as the problem-oriented,returning to the legal theory analysis,revealing the real theoretical conflict behind it: the application of the right to cancel insurance contracts and the right to cancel civil law contracts in this situation.It explores conclusions from two aspects: the internal legal relationship between the right to rescind the insurance contract and the right to cancel the civil law,and the experience of absorbing foreign legislation.Finally,it tries to provide feasible suggestions for the improvement of the irrefutable clauses of the right to terminate the insurance contract.