Study On The Restriction Of The Life Insurance Applicant’s Contract Termination Right

Since the conclusion of the contract,compared with the insurer,the applicant is in a relatively weak position due to the existence of the attached contract form,a large number of standard terms and the lack of insurance knowledge and legal awareness,and its legitimate rights and interests are easy to be infringed.Therefore,in order to further protect the interests of the policyholder,the law gives the policy-holder the right to terminate the contract.However,with the development of economic and social and the improvement of the legal system,the relatively weak position of the policy-holder has been substantial change,and our country law is not according to the reality of change increase of the exercise of the rights,as a result of practice by policy-holder abuse or idle in the contract termination disputes,especially life insurance bear the important social security function,remove the right of the exercise of the public interest,in addition,because of life insurance mark special,altruistic life insurance is widespread,make life insurance policy-holder contract termination research more realistic significance.In view of the situation that the applicant has abused the termination right,it may consider increasing the general restriction conditions on the exercise mode and the exercise period,and clarify the obligation of the applicant to notify the insured and the beneficiary and the exercise of the rights before the agreed insured accident or other conditions for the payment of insurance benefits.In addition,the common specific circumstances where the applicant to terminate the rights.If the applicant dies(elimination),the legal status of the applicant may be inherited but the exercise of the rights shall still follow the general restrictions;after the termination of the marriage,if the applicant intends to terminate the life insurance concluded by the joint property as the spouse or minor child during the marriage,the right to terminate the contract.In addition,the applicant should restrict the right to revoke the right of the insured to better solve the moral hazard problem and reasonably correct the behavior of the applicant in exercising the cancellation right in practice.In short,the restriction on the improper exercise of the contract termination right of the life insurance applicant should be increased in the legal form to make up for the legal loopholes and better realize the legislative purpose.