Study On The Rescission Of Insurance Contract

Insurance contract rescission is one of the most important systems in our insurance law. Comparing with the common contract rescission, the insurance contract rescission is much tendency on the rescinding right, much specific on the reason of recession and much complicated on the effectiveness after the rescission. Insurance law does not concentrate the stipulation to the rescission;There are 11 articles on the rescission being stipulated separately in the different chapter of the insurance law. The purpose of this paper has three aspects, the first is to further improve the theory of insurance contract rescission; the second is to confirm insurer's right and protect its interests; the third is to define the condition to exert the rescinding right and restrict insurer from abusing such right.Chapter One the definition of rescission, mainly study the difference between rescission and termination.Chapter Two discusses the character and distribution of the rescinding right. The emphasis falls on the source and character of the regulations on the right.Chapter Three studies the forms of rescission. According to the clauses, forms of contract rescission are theoretically divided into arranged rescission and legal rescission, and analyzed and defined in clausal sequences. It is also being discussed why rescission through agreement shall not be concluded by the system of contract rescission.Chapter Four discusses the occurrence of the right. The reasons can be divided into some groups, that is, breach, failure to perform the...