| The basis and precondition of the making and operation of the insurance industry are the prediction and the calculation of the insurable objects by the insurer. To make this precondition into reality, legislators of various countries and areas all make regulations on the obligation to disclose by the insurant. The Insurance Law of China confirms the obligation to disclose as a legal obligation of the insurant by making reference to the international general practice. However, suits concerning the obligation to disclose increase dramatically since the implementation of the Insurance Law of China. The excuses of refusal to payment by the insurers tend to be the failure of performing obligation to disclose by the insurant when both parties sign the insurance contract. In fact, this indicates that there is a considerable gap between the practice and the regulation concerning the above aspect, which is to undermine the smooth development of China's insurance industry. In this thesis, the author puts forward several suggestions on the perfection of the rules of the obligation to disclose in the Insurance Law of China by making reference to legislations and academic views at home and abroad. This thesis is roughly divided into four parts.In the first part, the author studies the definition and the characteristics of the obligation to disclose; consequently, the author points out that the obligation to disclose is a special term in the insurance law, and it means the insurant ought to make an oral or written presentation to the insurer when the insurant signs the contract. Also, the author compares the subjects of performance, performance deadline, sphere of disclosure and the obligation to disclose with the corresponding terms in the Insurance Law. Thereafter, the author makes it clear that the obligation to disclose is a precedent contract, legal, and unreal obligation by nature. |
