The Research For Indisputable Clause In The Insurance Law

Indisputable clause can be called incontestable clause, non-defense clause, the basic meaning of the insurance contract after a debatable after the establishment period, the insurer can no longer invoke the principle of utmost good faith in violation of the policyholder at the time of signing the insurance contract, there is concealment, fraud and exercise the right to rescind the insurance contract, which refused to fulfill a contractual obligation to pay insurance premiums. Indisputable clause of both the modern insurance law indispensable content, also an independent insurance legal rules, it is one of the important provisions of the insurance contract.Indisputable clause of the right to terminate the contract by the insurer during exercise restraint, reasonable expectations and trust interests of the insured or the beneficiary of safeguards legislation. It was first introduced in 2009, China’s newly revised insurance law, specifically the provisions in Article 16, paragraph 3, is the undisputed symbol of the statutory provisions, but also reflects the progress of China’s insurance legislation.Insurance law on the one hand to protect the insured at the time certain conditions achievement terminate the insurance contract freedom, on the other hand can not be disputed by the terms of the insurer’s right to make such a formation of the necessary restrictions. This is a limitation of rights, but also restrictions on freedom. Since the insurer and the insured, the insured person between very unequal economic status, indisputable clause as a mandatory insurance law, to some extent effectively balance the interests of the parties to the insurance contract, and is the fair value of the pursuit, but also reflect on the essence of justice.This paper attempts to indisputable terms as the research object, through in-depth research on non-controversial provisions meaning, historical development, legislative value and other related issues, and gradually analyzes the indisputable clause of China’s insurance law, and to study the extraterritorial indisputable clause of the relevant legislation and trends, the status of non-controversial provisions were analyzed. At the same time, I hope through this writing, on the basis of previous. studies, make recommendations on the indisputable clause of insurance law, perfecting the various aspects of the future and to express my own views.This article includes a total of four parts.The first part is " Indisputable clause of the Insurance Law Overview." First, this section is about the meaning and the interpretation of the indisputable clause, it includes within and outside scholars about different understandings of the indisputable clause. Secondly, to tease out the incontestable clause from the original insurance company in order to alleviate a crisis of confidence and made voluntarily agreed to industry practice and, ultimately, the process of statutory provisions. Finally, the theoretical basis and the value of non-controversial legislative provisions elaborated. To a certain extent,the indisputable clause make up for the lack of principle of utmost good faith in the insurance practice, effective protection of the reasonable expectation and reliance interests of insurance consumers.The second part is "Extraterritorial legislation about indisputable clause and its reference." This section lists a few more representative of the country and the region, including the relevant provisions of the United States, Germany, Japan, Korea and Taiwan. Legislation in these countries (regions) mainly increase applicable insurance of indisputable clause and expand its scope of defense are an important reference for China’s insurance legislation.The third part is "The legislation and its problems of the indisputable clause in the insurance law." In this section first describes the relevant provisions in our insurance law;secondly put forward several of the deficiencies of the indisputable clause in China’s insurance law,mainly includes the insufficient applicable scope of the indisputable clause,shorter debatable period and lacking the exceptions of the indisputable clause;the final section is perfecting the related mechanisms of the indisputable clause,including the insurance agent training and management,insurance companies underwriting mechanism and personal information management system and information-sharing mechanisms.The fourth part is "The suggestions for perfecting the indisputable clause of our insurance law".This section first clear the scope of application of the indisputable clause,appropriate to extend the debatable period and prescribe some exceptions about the indisputable clause,using these three aspects to elaborate the improvement of indisputable clause of the insurance law for a few suggestions; second is to improve the supporting mechanism of indisputable clause, including to improve the system of insurance agents, improve the mechanism of insurance company’s underwriting and improve the personal credit and business information sharing mechanism; Finally, from the angle of strengthening the implementation of the regulatory of indisputable clause in China’s insurance law,making recommendations to improve the regulatory of our indisputable clause.