On The Explanation Of Insurance Contract Clause

Insurance is the protection and signs of economic development, social stability and the progress of civilization. However, in real life, along with the vigorous development of the insurance industry, the insurance contract disputes have become increasingly more. In judicial practice, interpretation of the terms of insurance contract is one of the most major and the most important practice.Insurance contract interpretation system construction is incomplete and imperfect result in the processing of insurance contract disputes in practice to be not unified and institutionalized. Guiding principles of contract interpretation of insurance contract interpretation system are of value and significance. Thus in contemporary China, the insurance industry is in rapid development and extensive competition in the insurance contract is a system with its practical significance and academic value. This also is the author of this study lies.The main part of this article is divided into five chapters. The main study methods include legal analysis, comparative analysis methods and empirical research methods.The first chapter discusses the reason of contract interpretation is due to the ambiguity of the language, the transaction cost factors, the omission of the contents of the contract, the insurance company’s strong position as well as the limitations of the insured and the assureds’own ability, resulting in contract interpretation the necessity and urgency; analyze the subject and the object of contract interpretation and the application of the principles regarding interpretation of insurance contractsThe second chapter discusses the interpretation of insurance contracts, described the nature of contract interpretation methods:literal interpretation, the purpose of explain the whole explanation, explain habits, good faith interpretation of; and the supplemental interpretation methods of the insurance contract and insurance contract interpretation method applicable principles.The third chapter discusses the doubt interests explain the concept of the principle set forth prerequisite for its application, the limitations of the analysis, and the feasibility of the applicable principles in detail through a real case of the Interpretation.The fourth chapter discusses the historical development of the principle of reasonable expectations and possible origins, through its concept, the legal basis for the analysis, as well as the applicable conditions limit situation, to draw the reasonable expectation of the application of the principle of the interpretation of the insurance contract in the current Context sex.The fifth chapter discusses the writer’s thoughts regarding the system of interpretation of the insurance contracts in areas of legislation, judicature and interests of insurance industry in order to find solutions to solve problems in process of the interpretation practically and theoretically, which are applied to the practices of civil and commercial trials. We make efforts to achieve fairness and justice and make every party is conviced of the verdict and drop the case.