On Policy-holder’s Duty Of Disclosure Of Life Insurance Contract

In recent years, Germany and the United Kingdom have dramatically modified their domestic insurance law successively, and also made corresponding changes of the duty of disclosure, our country also has opened the prelude to a new round of insurance law revision.Under this big background, the theory and the legislation of the insurance law of the foreign countries have made many new progress, and our domestic should also keep the pace of the times.In the study of the disputes arising from the obligation of disclosure,it has been found that the proportion of the life insurance contract occupied more than half of those, the issue of the duty of disclosure is particularly prominent in the life insurance contract. Therefore, in order to better study, I choose the life insurance contract to start my exploration.In the process of discussion, I have used a lot of comparative research method, and found some differences between life insurance contract and property insurance contract by comparing the characteristics of them,and then found out the different effects on the duty of disclosure;also, by this method,told the differences between illustration obligations of the insurer and insurance guarantee, and found the existing problems, helping more accurately understanding of the duty of disclosure.As key point of discussion, in the third chapter I respectively made study from four angles of it, the performing subject, the time,the way to perform, the scope of disclosure.In the course of the study, I searched a large number of documents, and introduced the latest research results and the trend of legislation in the world.For better analyze the latest problems in practice, also cited some typical cases. And combined with the third judicial interpretation of the insurance law which was carried out at the end of 2015, I analyzed that the physical examination can not be excuse for the policyholder’s exemption from duty of disclosure. When making suggestions, I combined the latest content of Germany insurance contract law and the UK’s consumer insurance law, and proposed to draw some worth learning parts.Finally, according to the problems found in the study, I put forward some suggestions. As one of the innovations of this thesis, I emphasized to establish different obligation of disclosure system; and pay more attention to the legal interests of the policyholder, the insured,and the beneficiary,especially the protection of the legal rights of the policyholder who insured with disease. Although,it’s a "old problem", but the theory and practice aredeveloping all the time.As the breakthrough point of the paper, study the new problems of the duty of disclosure,hope to make a little contribution for the perfection the system.