Research On The System Of Insurance Estoppel

Risk diversification, reduced loss was a direct object of most people to buy insurance within a period of time. This "man for me, one for all" spirit of the Insurance Law is also respected by the people. But after entering the twentieth century, the rapid development of the insurance industry, the insurance people increasingly strong position, from the original "sit to be lost" to the present, "according to management claims," some insurance consumers deeply troubled insurer inconsistencies, the entire insurance Industry is also due to acts of bad faith insurer rather confusing. Therefore, insurance regime estoppel estoppel on the basis of the Anglo-American contract ban came into being, and has recognized and applied in different countries. China’s "Insurance Law" Article 16, paragraphs 3 and 6 is considered a promise to introduce the ban estoppel, and later unveiled the "Insurance Law Judicial Interpretation II" and "Insurance Law judicial interpretation of the three" truthfully from the scope of the obligation to inform policyholders and so on different sides of promissory estoppel system be revised and improved. However, the introduction of the system does not mean that once and for all, the insurance estoppel in our country there are still some shortcomings and deficiencies, which for the next judicial interpretation of the introduction and legal practice in the application of estoppel left worth exploring space.This paper is divided into three parts, each part of the major elements are as follows:The first part: According to historical traditions and common law jurisprudence of estoppel to make a clear definition and promised to ban estoppel into anti Introduction and equitable estoppel are two basic types. At the same time it focuses on estoppel system of common law and civil law in different historical origins, as well as foundation and legal basis in economics estoppel.The second part: In analyzing the constituent elements of promissory estoppel, the use of two different subjective and objective classification methods discussed in the constituent elements of equitable estoppel, from the insurer and the insured two angles to be discussed. Contrast binding legal practice and the operation of the promised words and ban anti equitable estoppel difference except in terms of both the ban and the applicable.Part III: Progress and Problems of our country by analyzing the existing law in respect of insurance estoppel, earnestly Analysis of the relevant provisions of the "Insurance Law" and the Judicial Interpretation. Make recommendations for improving China’s insurance estoppel from insurance law legislation and insurance practice two aspects separately.