The Research On The Duty Of Truthful Disclosure Of The Applicant In Insurance Contract

The legal basis for the insured’s obligation of truthful notification is the principle of utmost good faith,the principle of balance of consideration,and the principle of insurance consumer protection.Due to the imperfect provisions of the law on the subject of the obligation of notification,the method of notification,and the scope of notification,there is a relatively large number in judicial practice.Disagreement.Based on case comparison and theoretical perspectives,this article suggests that the insured should also be included in the subject of truthful notification,based on the insurer’s accurate and clear inquiries,and the scope of notification by the insured’s known matters.After confirming that the insured has violated the obligation of truthful notification,Article 16 of the Insurance Law of the People’s Republic of China stipulates that the insurer can exercise the right to terminate the contract,but only granting the right to terminate the insurer is not conducive to balancing the interests of both parties to the insurance contract.By adding a right to change the contract,Can achieve the purpose of balancing the interests of both parties in the insurance contract and exerting the function of balancing insurance consideration.In addition,through the analysis of case introduction and data statistics,after the court has determined that the insured has not fulfilled the obligation of truthful notification,there are differences in the attitudes of the insurer on whether the insurer can directly exercise the right to cancel the contract.This article starts from the purpose of establishing the right to cancel the insurance.Considering the principle of application of law,it is recommended to exclude the insurer from exercising the right to cancel the contract.This article discusses from the following five parts: The first part cites three typical cases of insurance contract disputes,and puts forward the issues discussed in this article about the obligation of truthful notification system.The second part introduces the principle of utmost good faith,the principle of balance of consideration and the principle of insurance consumer protection embodied in the duty of truthful notification system,discusses the legal basis of the insurance law establishing the duty of truthful notification,and introduces the provisions of the duty of truthful notification outside the territory.Our country has perfected the system of truthful notification obligation to provide experience.The third part puts forward the divergence points between the judicial judgment and the theory about the subject,method and scope of the fulfillment of the obligation of truthful notification.The fourth part discusses the legal consequences of the notification obligor’s intentional,gross negligence,and other violations of the obligation of truthful notification,as well as the difference between the insurer’s right to terminate and the right to cancel the contract.The fifth part puts forward suggestions on improving our country’s obligation of truthful notification,that is,while emphasizing the principle of utmost good faith and the principle of insurance consumer protection,it is necessary to adhere to the bottom line of the principle of balance of consideration,and the scope of the obligation of notification should be expanded by the policyholder.To include the insured,a clause on the right to change the contract is added to exclude the insurer from exercising the right to cancel the contract under Article 148 of the Civil Code on the grounds that the obligor violated the obligation of truthful notification.