Research On The Informative Obligation Of The Significant Increase In The Degree Of Risk Of The Subject-Matter Insured

The informative obligation of significant increase in the degree of risk is set up to maintain the balance between the premium of the insurance contract and the insured risk.And this obligation can be found in the Insurance Law of the People’s Republic of China from 1995 to 2015.At the meantime,the insurance law has also refined relevant provisions many times.For example,the degree of risk increase of the subject-matter insured is further defined as"significant increase" in Article 52 of the Insurance Law(2009).And the factors that determine the degree of significant increased risk were also referred in The Article 4 of the Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of the Insurance Law of the People’s Republic of China(Ⅳ).However,the relevant provisions are too general to adapt to the complex judicial practice,and some issues related to the application are also emerging.In view of this,this paper starts from the practical dispute of the informative obligation.Based in explaining the legal principles,the paper analyzes the problems in the implementation of informative obligation’s rules and finally puts forward suggestions for the improvement.This paper is made up of four parts except the introduction and conclusion.The first part is to introduce the legislative evolution and practical problem of the informative obligation of significant increase in the degree of risk.First is to sort out the legislative evolution of this obligation,and it is found that the legislative evolution is too general to give a clear guidance.And after searching relevant cases,the practical dispute of the informative also exists:1.There is a dispute about whether the nature of the obligation is legal or contractual.2.There is a question about whether the obligation can be applied in personal insurance or not.3.There are omissions in the judgment standards due to the lax legal provisions.4.The application of legal consequences is too general.The second part is about the legal principle of the informative obligation of significant increase in the degree of risk.Firstly,discussing the concept and the similarities and differences between it and the disclosure obligation.Secondly,analyzing the legal basis.The principle of utmost good faith and consideration and balance principle provides a strong support,but the usage of the principle of changed circumstances needs to be considered carefully.Finally,analyzing the legal nature which should be legal obligation and unreal obligation.The third part is about the problems in the implementation of the rules of the informative obligation of significant increase in the degree of risk:1.The scope of application is too narrow;2.The judgment criteria of significantly increased danger is defective;3.The conditions of performance are too general;4.The application of legal consequences is also defective.And after analyzing the deficiencies,the improvement suggestions can have some ideas and reference.The forth part is about how to perfect the rules of the informative obligation of significant increase in the degree of risk:1.Expand the scope of application to the personal insurance,but life insurance is not applicable.2.Perfect the rules for judging the increase of risk,clarify the specific judgment criteria,and take the rational insured as the benchmark person.3.Perfect the conditions of performance.The policy holder is also the subject of performing obligations.The performance period is subject to the agreement,and if there is no agreement,the determined period shall prevail.Perform the obligation in writing and orally way.4.Limit the option for the insured,such as the amount of premium,the period and order of performing.5.Divide the types of the increase of risk into subjective and objective,and set different modes of responsibility.