| The incontestable clause is stipulated in Article 16 Paragraph 3 of the “Insurance Law”.Since the introduction of this clause in my country in 2009,it has played a huge role in the trial of relevant life insurance cases by the people’s courts,and at the same time has a positive impact on the healthy and orderly development of my country’s life insurance industry.However,due to the relative generality of the law and the failure to clarify related issues in subsequent judicial interpretations,there are still many cases in judicial practice where the results of similar cases in different courts are different.Therefore,it is necessary to carry out detailed analysis and discussion on some relevant controversial issues and clarify relevant legal issues.Therefore,it is necessary to carry out detailed analysis and discussion on some relevant controversial issues and clarify relevant legal issues.First of all,this article discusses the legal basis of the incontestable clause from the perspective of civil law and commercial law.The principle of honesty and fairness in civil law and the concept of commercial law to maintain transaction security and order form the legal basis for the existence of the incontestable clauses.Then,through comparative method I observed and analyzed the legislative situation of the incontestable clauses from both domestic and foreign aspects.And I analyzed and understood the legislative situation of my country’s incontestable clauses and comment on the current legislative situation of the incontestable clauses in typical foreign countries.Secondly,it conducts a statistical analysis of the specific judgment results of the relevant cases in the life insurance disputes published by China Judgment Documents Network since the introduction of the incontestable clauses,showing the application of the incontestable clauses in my country.Four important controversies in the case are drawn through statistical analysis.The first is the issue of “insured with illness”,the second is the issue of the impact of the insured incident during the defense period on the application of the incontestable clause,the third is the question of whether the right of the right of rescission and revocation can be applied simultaneously in the life insurance contract and the fourth is related to the application of the incontestable clauses in consumer health and medical insurance.Then the four important controversies are differentiated and analyzed,and the situation of each controversy focus in judicial practice and related legal issues are discussed.Finally,it puts forward suggestions on the system design of my country’s incontestable clauses.Clarify the circumstances and legal consequences of “insured with illness”,limit the application of the incontestable clauses to insured incidents occurring during the defense,excluding the right of revocation applicable to the life insurance contract,and the incontestable clauses can be applied to specific consumer health and medical insurance. |
