The Duty Of Disclosure Of Insurance Contract

The duty of disclosure is a unique system in insurance law. It is the foundation of the insurance industry that works reasonably. The building of the reasonable and scientific modern duty of disclosure is foundation of managing steadily and developing orderly of the insurance industry.The precondition of the duty of disclosure had changed since it came into being more than two hundred years ago. The insurer is not ignorant like the early time marine insure. The time that only relies on the policyholder or the insured's disclosure to appraise risk already ended. Facing such change, there is a question that how a reasonable and scientific modern duty of disclosure establishes to meet the new time. This article tries to proceed with the concept and character of the duty of disclosure, seek the developing of the duty of disclosure, definitude fulfilling of the duty of disclosure, analyze the composition and consequence of violating the duty of disclosure, and puts forward author's own view as to perfect the substance rules of the duty of disclosure. The full text divides into four chapters altogether.The first chapter limits the nature of the duty of disclosure. This chapter starts from the source of the term disclosure, looks into the legislation of insurance and theory many countries and shows the meaning of the duty of disclosure; the following limited its nature through comparing the legislation and the theory of the common law family and the civil law family, at the same time, points the importance of the duty of disclosure in the insurance system, which is the basis and...