A Study On The Non-Defensible Clause Of Insurance Law

The irresistible clause in the insurance law originated in Europe and the United States,experienced from the agreed terms to the statutory provisions of the development process,in balance with the insurer and the interests of policyholders have an important role.Early marine insurance communications technology is backward,the risk of maritime navigation is higher,the insurance industry requires the insured to fulfill the above level of truthful disclosure obligations,that is,the insured on their own statements to ensure its authenticity,once the insurer Found that the insured to inform the matter is not true,you can lift the insurance contract,refused to compensate.Later,with the development of the insurance industry,the dominant position of the insurer becomes obvious,which can arbitrarily exercise the right to terminate the insurance contract according to the principle of good faith,which leads to the frequent occurrence of insurance disputes.The insured has lost the trust of the insurance company and the number of insurance decline.In the long-term personal insurance contract,the insured will usually pay long-term premium,once the insurer to the insured in the insured did not fulfill the obligation to inform the grounds of the lifting of the insurance contract will greatly damage the insured,insured Long-term trust interests.The insurer’s abuse of the right to terminate the contract led to the tension between the insured and the insurer,the insurance industry in order to increase the operating income in urgent need to change this situation,irresistible clause came into being.China’s "Insurance Law" in the 2009 revision of the first comprehensive provisions of the irresistible clause,has aroused widespread concern in the industry.China’s "Insurance Law" irresistible clause provides that if the insured in the insured on intentional or gross negligence did not informed the insurer reg,the insurer in the insurance contract is established within 2 years from the date of the exercise of the right to terminate the insurance contract,,Even if the insured has not informed the situation,the insurer should also be compensated.After two years from the date of the establishment of the insurance contract,regardless of whether the insurance accident occurred,the insurer shall not be insured in the insured when the false report,missed,concealed the fact that the lifting of the insurance contract,still to the insured,benefit Person is liable for compensation.The indisputable clause can restrict the insurer from lifting the contract rights and make the insurance contract more stable,thus protecting the insured and the insured’s trust interests.The provisions of the indisputable clause also ease the insurer and the insured,the tension between the insured,maintaining the insurance market development order.However,there are some problems in the application process of our country’s insurance law,and there are some controversies in theory and practice.As in the application of insurance,China’s "Insurance Law" in the general provisions of the provisions of the legislative technology,in the sub-provisions of the property insurance and personal insurance can apply the irresistible clause,but the property insurance is applicable to the need to explore The If the insured has intentionally or gross negligence fails to fulfill the obligation of truthfulness,the insurer may terminate the insurance contract during the period of defense,and the insured here is not advising that the package does not contain insurance fraud.If the insured is insured Indisputable clause These are the issues to be raised and discussed in this paper.The first part of the first exposition of the irresistible clause of the very meaning,both foreign origin introduction,but also a simple summary of our irresistible clause in the insurance law in the establishment process.The second part starts with the value of the irresistible clause,lists the relationship between the irresistible clause and the principle of honesty and credit,the relationship with the value of the law,and the relationship with the value of the law.The third part puts forward some disputes in the application of our irresistible clause,and the fourth part gives the corresponding suggestions on the controversy and the problems raised in the third part.