A Study On The Suspension System Of Insurance Contract

Suspension provision of insurance contract is one of an ancient and unique system,while suspension provision is one of the most special valid situation than the normal contract.Insurance contracts can be restored its validation after suspension in legal,therefore,suspension provision is significant for both insured and insurer in protecting their interest.Insurance industry development is late in our country related to international world,so insurance legislation in our mainland China needs to be improved,in which the rules for suspension provision is far from refinement,giving rise to so many debates and arguments in insurance theories and practices.However,the collections on suspension provisionis far and less to reach,and the situation is same to applied into related literatures.Therefore,this paper aims to break a crack from the legislation background and law situation of suspension provision in the area of insurance law,under the framework of its reason,nature,range of application,grace period,and consequences.We comb its relative contents in a comprehensive manner also with key points.This paper covers five parts:The first part introduces the legislation backdrop and current situations of insurance law,focusing on the illustration of its reason,and suspension provision has special reasons in insurance contract.Then we will analyze its current situation of legislation and administration of justice,which will make a direction for the further study.The second part demonstrates the basic study of suspension provision,which is the key point of the paper.Firstly,we will elaborate the three reasons of it in insurance contract,putting forward the reason for its suspension is merely the following insurance premium unpaid on the due time.Secondly,we will analyze contract nature related to three intervals,and we hold an idea that the natureofcontractisvalid,whose nature will not matter the insurance responsibility.The third part illustrates the specific application,which is also the keynotes of this paper.Firstly,we will introduce the two kinds of thoughts in application,namely all insurance contracts theory and life insurance contract theory.Then we will comment on them respectively,we think all the suspension provision can be used in all the insurance contracts payable by installment.Secondly,we will explain two ways of grace period mode,namely automatic start and summon exhortation start.Again we will comment on them,we think summon exhortation start favors avoiding disputes.Besides those content,we comb the relative conceptions on prescribed reasons and sorts about grace period.The fourth part is its legislation consequences,in which we propose that suspension provisionof insurance contracts will bring about three kinds of consequences,namely insurance incidents,insurer is reinstatement application,insurer agrees reinstatement and reinstatement different in both cases.Expiration of the period of insurance contract termination,the insurer has the right to terminate the contract.We mainly analyze the relative contents of reinstatement,covering three kinds of thoughts on reinstatement in theory circle,and disputes on its nature,also with the four conditions of reinstatement.The fifth part is conclusion part,which is a summary of those mentioned four parts.