Research On The Fulfillment Of The Insured's Obligation To Notify Of Increased Ris

Article 52 of the Insurance Law of the People’s Republic of China has a dilemma in regulating the performance of the obligation to notify of increased risk,which is reflected in the lack of norms for the evaluation elements of the performance of relevant obligations,as well as the ambiguity in the interpretation of the elements of the performance of obligations regulated by them.This has led to a long-term debate between theoretical and practical circles about the scope and connotation of the evaluation elements of the performance of the obligation to notify of increased risk.According to the logical characteristics of the evaluation elements of obligation performance,the elements of risk increase notification obligation performance can be divided into positive elements and negative elements.The former recognizes the constituent elements of the achievement of risk increase notification obligation performance,while the latter recognizes the logical elements that can exempt the performance of risk increase notification obligation.Through an examination of the normative text,normative system,theoretical research,and practical application of the Insurance Law,it is possible to form a proper evaluation system for the performance of notification obligations that includes positive elements such as the way of performance,the time limit for performance,the subject of performance,and the type of contract for performance.It is also possible to form an evaluation system for the performance of notification obligations that include missing provisions on notification obligations,and the insurer’s failure to provide prompt explanations An evaluation system for the performance of moral obligations that includes negative factors such as increased risk caused by the performance of moral obligations and has a probability of increasing risk.The interpretation of the connotation of each of the aforementioned evaluation elements and the justification of the desirability of negative elements require a recognition of the purpose,implication,and nature of the obligation to notify increased risk as necessary conditions.If only relying on the textual and systematic interpretation of Article 52 of the Insurance Law,it is impossible to achieve clarity of the aforementioned evaluation elements.The obligation to notify the increase in risk includes the purpose of protecting the "balance of consideration" of the legal relationship of property insurance,the purpose of favoring the protection of the interests of the insured in the property insurance relationship,and the purpose of intensifying the relevant transaction costs.All of these obligations constitute the value basis for explaining the performance elements of the aforementioned obligation to notify.In terms of the nature of the obligation to notify the increase in danger,it is a statutory obligation and an untrue obligation,which constitutes the logical basis for explaining the elements of performance related to the obligation to notify mentioned above.Combining the purpose and nature of the obligation to notify of increased risk,and following the general method of legal interpretation,it can be demonstrated that the performance of the obligation to notify of increased risk does not have to be formal,and the time limit for the performance of the obligation to notify of increased risk is from the time the subject matter of the insurance increases in risk to the time before the occurrence of the insured accident The subject of performance of the obligation of notice of increase in danger can be extended to the insured,and the type of contract for performance of the obligation of notice of increase in danger should not be extended to the connotation of positive factors such as personal insurance.It can also be demonstrated that the absence of an agreement on the obligation to notify an increase in risk in an insurance contract,the failure to provide a clear indication of the terms of the obligation to notify an increase in risk involved,and the obligation to indicate that it does not constitute a negative element of the obligation to notify an increase in risk due to moral obligations,the insured’s knowledge of the increase in risk,and the increase in risk caused for the purpose of protecting the interests of the insurer The insurer’s declaration of exemption from the obligation to notify increased risk constitutes a negative element in the performance of the obligation to notify increased risk.