Study On The Superiority Of Insurer And Legal Regulation

With the development of insurance, insurance company with solid economical foundation can force applicants for insurance to accept the standard-form contract. The characters of standard-form contract give those companies great advantage during the process of making insurance contract. The advantage may jeopardize the freedom and justice of making contracts with great possibilities. We should take some measures to confront this advantage.The first chapter of this paper is to analyze the dominating position of insurance companies and the necessity of restricting their powers. Firstly, by analyzing the character and appearance of this dominating position, writer concludes that the standard-form contract is the main reason for it. The characters of standard-form contract are as follows, firstly, the items of contract are at least partly stipulated by one side beforehand; secondly, standard-form contracts can not be changed at will and are stable and repeatedly used; thirdly, the offers of standard-form contracts are with universality, durable effect and great detail.; the contents of contracts are with standardization.. During the process of contracts making, contracts maker are in a dominating position on many aspects compare to the other side such as economy, politics, administration and market occupation. All these characters permit insurers occupying a favorable position that may endanger the balance of rights of each side. So we should regulate the favorable position of insurers. Different measures have been put forward to solve the problem, but each of...