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

Compared with the strong comprehensive strength of the insurer,the policyholder is often in a weak position in the insurance relationship,and the legislator also gives the right to terminate the contract arbitrarily.There is nothing wrong with the right allocation when the subjects of the insured and the insured are the same;However,in the context of altruistic insurance contract,the policy holder enters into an insurance contract for the third party based on the relationship between husband and wife,kinship,employment,etc.,and the third party has a reliance interest in the performance of the contract.However,the almost unlimited right of rescission enjoyed by the policy holder can easily cause damage to the reasonable reliance interest of the third party.In order to balance the conflict of interest between the two,the third party of insurance contract is given the right to intervene in the contract relationship to maintain the existence of the contract.However,the existing insurance legislation in China has not achieved the maximum institutional effectiveness of the exercise of the right to rescind the insurance contract and the protection of the interests of the third party,and there are still many defects in the system of the right to rescind the insurance contract.On the one hand,there are some problems in the exercise of the policy holder’s rescission right,such as the unclear time limit and mode of exercise,and the unclear ownership of right inheritance,which makes it possible for the right to be abused and even infringe on the interests of the third party;on the other hand.Due to the lack of the notification obligation of the insured and the absence of the time limit for the third party to exercise the right of intervention,there is no room for the practical application of the system of the third party’s right of intervention,which damages the interests of the insured.In view of this,this paper comprehensively uses the methods of law analysis,case analysis,literature analysis,etc.,starting from the elaboration of the legal basis of the insurer’s right to rescind arbitrarily,combs and evaluates the current legislation in China,reveals the double difficulties faced by the exercise of this right in altruistic insurance contracts,and further analyzes the institutional roots of these problems,On the basis of taking into account the interests of the insured and the third party,this paper puts forward a specific system design to restrict the right of the insured to rescind at will.This paper consists of four chapters:The first chapter describes the legal status of the right of the applicant to terminate the altruistic insurance contract arbitrarily.First of all,starting from the structure of altruistic insurance contract,clarify the related parties of insurance contract and their mutual relationship.Thirdly,it clarifies that the nature of the right of rescission is the right of formation,and then analyzes the institutional rationality behind it from the legal basis of the right.Finally,this paper combs the legislative status of the right,and analyzes the status quo to point out the problems.The second chapter reveals the double dilemmas faced by the policy holder in exercising the right of rescission arbitrarily in the altruistic insurance contract.From the practical and theoretical difficulties encountered in the process of exercising the right,this paper points out the series of problems it brings.Among them,there are not only the Judicial Dilemma of different judgments in the same case,infringement on the expected interests of the insured and breaking the balance of interests between the parties to the contract,but also the theoretical dilemma that goes against the basic theory of altruistic contract,the principle of good faith and other legal provisions.Based on this,this paper makes an in-depth analysis of the problems caused by the exercise of this right.The third chapter reveals the institutional roots of the problems encountered in the exercise of the policy holder’s right to rescind the altruistic insurance contract arbitrarily.The defects of the system are mainly reflected in two aspects: one is that the rules for the exercise of the right to rescind the policy holder are not perfect due to the ambiguity of the exercise of the right,the time limit,the way and the inheritance of the right.Secondly,the structure of the insured’s right to intervene is in vain due to the absence of the notification obligation of the applicant’s right to terminate,the lack of the exercise period of the third party’s right to intervene and the absence of the insurer’s examination obligation.The fourth chapter is the path analysis of the limitation of the policy holder’s right to rescind at will in the altruistic insurance contract.From the balance between the impossibility of removing the right of rescission and the protection of the third party’s interests,this paper puts forward the system design of restricting the exercise of the right.On the one hand,in order to prevent the policy holder from abusing the right of rescission,we should refine the specific rules for the policy holder to exercise the right,clarify the time and mode of exercising the right,and make arrangements for the inheritance and ownership of the right.On the other hand,we need to improve the structure of the third party’s right to intervene.In order to protect the interests of the third party,the policy holder’s obligation to notify the insured of the termination of the contract,the period of the third party’s exercise of the right of intervention and the insurer’s obligation of formal review should be set at the same time.