Notice Obligation In The Transfer Of The Subject Matter Of Insurance

The insurance law, which was revised in 2009, established the automatic transfer system of the insurance contract when the transfer of the subject matter of insurance in forty-ninth,which transferred the provisions of the prior consent of the insurer,and some scholars have dubbed this change from "human" to "from" change.Revision of the insurance law has been implemented so far, the provisions in the judicial application of multiple references, but the focus of controversy in the case of almost all the transfer of the transfer of the subject of insurance issues, has not yet been involved in the details of the system.This phenomenon not only shows that China’s insurance is also not mature enough to develop, but also shows that China’s Insurance Law forty-ninth is still a lack of practice of the test.Therefore, this article will use the case analysis of the method of insurance law in the system details of the forty-ninth problems:it is difficult to determine the scope of application of the article because of the concept of the subject matter and the transfer of the insurance policy;after the transfer of the insured, the legal relationship between the insured, the assignee and the insurer is unknown;how to fulfill the obligation of notification in the transfer of the subject matter of the insurance and what are the legal consequences of the non notification obligations.when defining the concept "the subject matter of the insurance" and "transfer",after the description on the theories of the two concepts,analysis insurance dispersing risks and filling the damage and the trend of the theoretical development of insurance, so “the subject matter of the insurance”should be defined insurable interest and the “transfer” should be adopted“the burden of risk"theories, in order to make sure the applicable scope of" insurance law "Article 49.In the legal relationship among the insurer, the transferee and the insurer, the transferee automatically inherit the rights and obligations of the insurer in insurance contract,and also has the right to object to debate insurance contract when the transfer of the subject matter of the insurance underwriter lead to notice increased significantly.Starting from the legal attribute of the obligation of notification, this article considers that the duty of notification is based on honesty and credit, and it isnot a real obligation.In the performance of the obligations after the transfer of the insurance policy, the applicant, the insured and the assignee shall be the main body of the obligation to perform the notification;generally speaking, the main body of the obligation of notification should inform the insurer after the transfer of the insurance policy, but the special circumstances should be analyzed according to the actual situation;the way of performance should be informed by words, in order to avoid the obligation to fulfill the obligation to perform the subject due to the limitation of the cultural level.The imputation principle of violating the obligation of notification is the principle of fault liability, which should be treated differently according to intention or gross negligence. The legal consequences of violating the obligation to inform is divided into legal consequences of positive and negative legal consequences, the negative legal consequences is that the insurer shall not force to fulfill the obligation of notification and the insured and the assignee is not liable for damages; positive legal consequences is that the burden of the obligation to notify the victim rights impairment or loss of or damage to the interests, mainly including that the assignee could not request the insurer to explain the contents of the insurance contract, the insurer should bear joint and several liability when the assignee is unable to pay the insurance fee, due to transfer to the subject matter of the insurance risk increased significantly and the occurrence of the insured event, the insurer could request for additional insurance premiums or be exempted from the payment of insurance obligations.