Survey Report On The Contra Porferentem Rule In Juridical Practice

Along with the popularity of motor vehicles, motor vehicle insurance is becoming an important contract in our daily life. Insurance companies are constantly developing new insurance products that makes the insurance industry is becoming more and more popular in China. However, due to the insurance contracts are parts of standard terms, and the applicants and insurers differently understand with some of the ‘exception clauses’, which makes these two parts disputed a lot.The contra proferentem rule is stipulated in Article 30 in the Insurance Law(2009). But because of its expression is too simple and the domestic researches differences is too many, which makes the desired effect of the contra proferentem rule in practice is disappointed. The author thinks that the contra proferentem rule still has many areas in need to improved, and hopes to expound his opinions through in this paper.This paper consists of three parts.The first part is introduction part, which will introduce the background, the status, the methods, the target and the significance of research.The second part will introduce the origin and the legislative situation at home and abroad of the contra porferentem rule. At the same time, the paper will also present the premise, target, ranking and the scope of suit of the contra porferentem rule in the theoretical level. Through theoretical research to asking questions and finding problems, the author wants to make a better suit for the contra proferentem rule in practical level.The third part will takes the motor vehicle insurances as an example, through the report of investigation form, the clauses of motor vehicle insurance contract and data of investigation report, to find the reason of disputes of the two parts and the application to solve the disputes with the contra porferentem rule in practical. At the same time, the author will put forward his own opinions on the contra porferentem rule and his own proposals to the applicants to uphold their rights and avoid the disputes.