Study Of The Special Provisions Of The Insurance Contract

The special clause refer to parties' free and appointed clause outside the basic clause of contract of insurance, Its purpose lies in controlling danger and basic clause content of the change .The special clause originated in English and American insurance law, it also stipulated relatively perfect in Taiwan insurance law. In our country, Article 20 of the insurance law stipulates that, besides the insurance contract provisions stipulated by the former article, the insurer and the insured may determine other provisions related to the insurance. This article is always considered as the stipulation on the special clause of insurance contract. In the theory of insurance law , the special clauses of insurance contract, which in English and American insurance law, however, are only comprehended in narrow sense (that is to say, they just refer to warranty clauses), are usually classified into two types: broad special clause and narrow special clause. In the insurance law of Taiwan region, the special clauses are also comprehended in narrow sense. In most scholars' views, Article 20 on special clause of our insurance law should be comprehended in broad sense, but on the contrary, in the writer's view, it should be comprehended in narrow sense better. There are three main reasons to support the writer's view: first, the institution of special clause, which originated in English and American insurance law, has always been comprehended in narrow sense; second, the special clauses comprehended in broad sense will result in difficult regulations; third, we can make reference to the special clause stipulations in Taiwan insurance law, which are relatively perfect. Therefore, the study on special clause in this article will be carried in narrow sense. There is leeway to discuss, which is worth studying further, although many scholars have studied its content, definition, forms, effect, and so on.This article can be divided into two parts: part one is a total...