On Research Of Claim Period On Personal Insurance Contract

This thesis, based on a case about whether a claim on contract of personalinsurance is after limitation of action, explores all kinds of argumentsabout this case, makes a brief historical review of the evolvement ofthe institution of statue of limitation, then go further to analyze theexact meaning of Article 27 of Insurance Law. Based on these efforts,this thesis reaches the conclusion to classify different types of statuelimitation in civil law and recommends to regularize this institutionin the future making of Code of Civil Law in our country.Concerning Article 27 and the case mentioned in this thesis, there aremainly four arguments. After detailed exploration, this thesis reachesthe conclusion that Article 27 of Insurance Law should not be appliedsubject to limitation of action nor scheduled period, but should beconsidered that this article expresses the will of legislator tointervene into a private contract to prevent a too short time limit forclaiming damages bargained through both sides of a contract whichjeopardize the insured side in order to balance between insurers and theinsured.The conception of limitation of actions is of a long history. After thisconception came into being, it established the sole judgment standardfor itself. The author of this thesis holds that the concept of limitationof action as an upper concept should include Exquisite prescription andExtinctive prescription in a broad sense, which has another three sortsunder if. Therefore, recognizing such related conceptions correctly,with them acknowledged by the legislators, will help the law operation.Owing to lack of sufficient understanding about Article 27, differentpeople have different understanding about it, though it has a clearliteral expression.The regulation of our common Exquisite prescription is practicable inthe view of lawsuit;but on the base of China's current situations andcultural and moral traditions, it appears short and needs prolonging.We can use the experience of other countries on the regulations ofprescription for reference and try to help make the future Code of CivilLaw perfect in order to protect the interests of the litigants.