On Duty To Disclosure Of Chinese Insurance Law

Duty to disclosure is an important duty of insurance law. This paper constructs a comprehensive theoretical system and standard system of duty to disclosure through the theoretical of duty to disclosure with the insurance practice. Besides the preface and conclusion, there are five parts in this paper. The first part is an introduction. The legal question of duty to disclosure encountered in practice is brought by a case, then its study is carried out. The second part is the legal discussion of duty to disclosure. The author gives a detailed explanation of the meaning of duty to disclosure from the intension to extension, and defines the definition and character of duty to disclosure, the purpose of its establishment, the .relationship of duty to disclosure and duty to introduction, the relation of duty to disclosure and duty to notice. Meanwhile, the author put forward the legislative basis for duty to disclosure that is the good faith principle and consideration and balance principle, then forms the theoretical system frame of duty to disclosure. The third part is the study of the fulfillment of duty to disclosure. The author mainly selects some disputable questions to discuss from experience. The following are three important points. The first is the definition of duty to disclosure. The author poses that disclosing obliger doesn't only refer to the applicant, but should expand into the insured and insurance broker. The second point is the definition of counterpart of disclosing obligation. The author pinpoints that counterpart of disclosing obligation is insurer and insurance agent, then clarifies theeffects on duty to disclosure, which is caused by destined doctor's intervention into insurance and insurer's act of not completely performing the explanatory obligation. The last point is the fulfilling time, method and range of duty to disclosure also includes the moment of being effective again of discontinuance contract. For the time of renewing a contract and changing the contract, the fulfilling time should be defined according to the concrete situation. There is no particular fixed rules, but if the written inquiry of disclosing obliger to the insured uses the other way of notification, the disclosure obliger should take the responsibility of putting to the proof. The author discusses the range of disclosure obliger from two levels: one is obligatory notification item and the other is exemption notice item. The emphasis turns to written notification item and importance item of obligation notification item, and the known item or obligatory of the insured. The fourth part discusses the legal result of violating the duty to disclosure-right of cancellation from its producing and performing, the legal result of cancellation and its prevention four aspects. At the base of discussed questions above, the fifth part raises some legislative suggestions of consummating our duty to disclosure in the insurance law.