Insurance Duty Of Disclosure

As a traditional, unique and innate system in the insurance law, the duty of disclosure is the prerequisite and basis of running the insurance industry. In fact the insurance industry would have never developed stably and smoothly without the sound construction of the system of the duty of disclosure. The purpose of this paper is to fully ensure the right of the insurer and insured, prevent insurance fraud, so that to set up a healthy insurance market, and provide revision reference for Insurance Law. This dissertation consists of three parts.Part one is about the basic theories of disclosure. It includes the definition and the nature of the duty of disclosure. The duty of disclosure is pre-contractual obligation, unilateral obligatory provision and unreal obligation in the sense of system, provision and obligation respectively. It also intended to seek the legislative basis of the duty of disclosure. Focusing on the evolution of schools of the duty of disclosure in both the two legal systems, the author introduces and points out the pros and cons of the theories of Aleatory Contract, Defect Guarantee, Utmost Good Faith, Aggregatio Mentium and Risk Evaluation. Then the author concludes that the Risk Evaluation is more reasonable.Part two discusses the subject of duty, the period of disclosure, the scope and the method of disclosure. Based on the relevant provisions in insurance law in China, the author observes some disputes and problems caused by current provisions arising from the practice, aiming to bring forward some suggestion to the relevant provision of the duty of disclosure in law.Part three analyzes the capacity of disclosure, the violation of disclosure and legal consequences. By comparing the relevant theories of the violation of the duty with other countries, the author reveals that the defects and the absence of the relevant provisions in the insurance...