On Insurance Duty To Inform System

The duty of disclosure, a traditional and special duty, is a base of Insurance. All countries have duty of disclosure in there legislation. Recently, with the science and technology progress, the human civilization development as well as, insurers has accumulated insurance experience gradually, the time that only rely on the policyholder's disclosure already ended. Facing this changes, this article takes"theory basis of the duty of disclosure——who fulfill the duty——the content of the duty of disclosure——the consequence of violate the duty of disclosure"as the primary line, using comparison analytic method, economics analytic method to study the duty of disclosure. The article is divided into five parts altogether.Part one servers as an introduction which is concerned with such areas as the aim and significance of the thesis, methodology, analytical framework, the logistical system, the degree to which the thesis is original ,as well as its practical value.Part two studies the definition and the characteristics of the obligation to disclose. Firstly, the article points out that the obligation to disclose is a special term in the insurance law. Secondly, the article compares the subjects of performance, deadline of performance, sphere of disclose and the obligation to disclose with the corresponding terms in the Insurance Law.Finally, the article makes it clear that the obligation to disclose is a precedent legal, and unreal obligation by nature.Part three researches the fulfilling of the duty of disclosure. This part solved the questions, such as"who fulfills the duty","type of the duty","when to fulfill the duty"and"sphere of the...