The Research On Applicant’s Arbitrarily Right To Terminate The Contract In Altruistic Insurance Contract

Considering rectifying the unequal status and asymmetric information between the applicant and the insurer, our country "insurance law" empowers the applicant’s arbitrarily right to terminate the contract. It does not have any objection under the circumstance that the applicant and the insured is the same body. In the altruistic insurance contract, the applicant signs insurance contract for the insured based on the relationship of contracts, legal liabilities, unliquidated obligations, and so on. As the object to be substantively safeguarded by insurance contract, reliance Interest of the insured arising from the insurance contract should be protected.However, our current insurance legislation and judicial interpretation haven’t form a set of institutional system with largest utility in the exercise of the applicant’s arbitrarily right to terminate the contract and protection of the interests of the insured. It has defects of unclear rules about the exercise and legal consequences of the applicant’s arbitrarily right to terminate the contract, which is detrimental to the interests of the insured. In view of this, the article is based on the problems existing in the exercise of the applicant’s arbitrarily right to terminate the contract in the altruistic insurance contract, starting from the structure of the altruistic insurance contract, combining the theory of insurance law and contract law, using references analysis, empirical analysis, comparative analysis and other methods, combs and analysis the system of the applicant’s arbitrarily right to terminate the contract fully. On the basis of these, it proposes some suggestions to balance the conflict between the exercise of the applicant’s arbitrarily right to terminate the contract and protection of the interests of the insured.Apart from the preface and epilogue, the full text is divided into five parts:The first chapter describes the structure of altruism insurance contract, legislation configuration of right to terminate the contract and related attributes of the applicant’s arbitrarily right to terminate the contract. Firstly, it emphasizes special features of altruistic insurance contract through defining the concept of altruistic insurance contract and analyzing the legal relationship between related subjects. Secondly, it views relevant national legislation about right to terminate altruistic insurance contract and finds that they all dispose right to terminate between parties of the insurance contract and tend to the applicant. Thirdly, it introduces concepts, natures and features of applicant’s arbitrarily right to terminate the contract in the altruistic insurance contract.The second chapter is the detailed analysis to the exercise of the applicant’s arbitrarily right to terminate the contract. It first describes the theoretical basis for legislation to give the applicant the right to terminate the contract, and views the rules of exercise of the applicant’s arbitrarily right to terminate the contract in the altruistic insurance contract. Then it analyzes the legal consequences of the applicant’s arbitrarily right to terminate the contract and points out the problems which exist. Lastly, it expounds wrongness of exercise of the applicant’s arbitrarily right to terminate the contract in the altruistic insurance contract.The third chapter is the exploration of the balance between the conflict of applicant’s right to terminate and interests of the insured. By researching the status of the insured in the altruistic insurance contract combining the theoretical research and legislative experience both at home and abroad, proposes the insured’s right to know, the right to maintain the effectiveness and the right to agree with revoke and explores in their respective legal basis and implementation model, thus balance the interest of the applicant and the insured.The forth chapter is the suggestions for further perfection of the legal system of the applicant’s arbitrarily right to terminate the contract in the altruistic insurance contract. It cards and summarizes the flaws of the exercise and legal consequences of the applicant’s arbitrarily right to terminate the contract in the altruistic insurance contract and makes sound recommendations.