On The Defined Obligation Of The Insurer

The meaning of insurance is safe and reliable, after development and extending into the basic means of risk management under the conditions of market economy, with the development of market economy, the insurance industry also in the rapid development, insurance activities have been closely linked with people’s life, between the insurer and the insured insurance claims disputes are increasing, and the insurer whether to perform specific explanation obligation as the insurance contract dispute in the main focus of the dispute. In this paper, the specify the scope of the obligation and performance standards such as analysis, combined with the current insurance law and the Supreme People’s court relevant judicial interpretations of the provisions, the insurer shall perform the clear obligations to view, modify, and put forward the concrete feasible to equal protection of the insurer, constructive suggestions to the insurer, the insured interests of all parties and hope to be beneficial to the insurance business and the relevant judicial practice.This paper is divided into three chapters except the introduction and conclusion:The first chapter is an overview of the obligations of the clear explanation. Through the introduction of the meaning and legal characteristics of the obligation and the legal characteristics, the distinction between the obligation and the clear description of the obligations of the legal basis, and from the perspective of the insurer and the insured, the insurance industry to clarify the status and cause of duty.The second chapter clarifies the scope and the legal consequence of the duty. The content of the exemption clause, the classification, the characteristic, the set purpose are summarized and analyzed in this paper, briefly in different periods related insurance legislation evolution, comparison and analysis regional practice to clearly define the scope of compulsory standard difference, combined with the relevant laws and the theory of point of view analyzes the insurer fails to specify obligations will produce the legal consequences.The third chapter describes the standards and methods of the obligation to perform. In traditional ways of insurance marketing and new insurance marketing methods such as phone insurance, insurance and so on were used different criteria, starting from the obligations of the subject and object, clearly stated that obligation and the obligation of notification of the association, and to further improve the specific explanation obligation performance put forward with pertinence, operation is proposed.