Reflection On The Third Party Protection In The Exercise Of The Right To Rescind The Altruistic Insurance Contract

In the insurance contract relationship,the insured is in a weak position relative to the insurer in terms of information acquisition and legal status.Therefore,in the legislative practice of our country,the insured in the insurance contract is unilaterally given a strong "statutory law".Right to rescind".Although the insured and the beneficiary are not direct participants in the conclusion of the insurance contract,their own interests are closely related to the insurance contract,so they are also called the third party of the insurance contract.In the case of an altruistic insurance contract,the subject identities of the third party and the insured do not overlap.When the insured cancels the insurance contract closely related to the third party,the expected benefits of the third party in the contract will follow the insurance policy.Infringed upon the rescission of the contract.In order to protect the expected interests of the third party,the proviso to Article 17 of the Judicial Interpretation III of the Insurance Law stipulates the “redemption right” of the third party,that is,the third party can pay the insured an equivalent amount that should have been paid by the insurer.Continue to perform the insurance contract by notifying the insurer by paying the amount of the value of the insurance policy.However,due to the generality of the explanation,the exercise of the third-party redemption right is in trouble in practice.The main reasons for the lack of third-party protection in practice are a series of institutional defects such as the unrestricted exercise of the insured’s right to rescind and the fact that the third-party redemption right cannot be exercised.The lack of restrictions on the right to rescind is mainly reflected in the fact that the right to exercise the period and the way of exercise is not restricted;and the fact that the third-party redemption right cannot be in fact is mainly due to the lack of the insured’s obligation to release the notice and the omission of the third-party statutory hesitation period.and the unclear legal consequences of exercising the right of redemption.Therefore,in order to solve the problem of insufficient third-party protection in altruistic insurance contracts,it can also be considered from two aspects: properly restricting the insured’s right to rescind and perfecting the redemption right system.In view of this,this paper hopes to focus on the existing precedents and the academic viewpoints of predecessors,and try to explore the following questions: What are the problems of third-party protection in the exercise of the right to rescind altruistic insurance contracts? Does the policyholder’s right of cancellation need to be restricted accordingly and how? How should the redemption right system be refined?The research topic of this paper is the reflection on the third-party protection in the exercise of the policyholder’s right to rescind.The main body consists of three chapters:The first chapter is the raising of the issue of third party protection.This chapter comprehensively investigates and analyzes the cases concerning the third-party protection in the exercise of the policyholder’s right to rescind in practice,and quantitatively analyzes the reasons why the court considers the policyholder’s rescission to be valid and invalid in current practice.And the provisions on the protection of the third party in the process of exercising it,comprehensively summarize the problems existing in the protection of the third party in the process of exercising the right of cancellation by the policyholder of an altruistic insurance contract in my country.The second chapter is the related theoretical analysis of the right to rescind and the third party protection.The existence of the insured’s right to rescind has its legitimacy,and the protection of the third party’s interests is also necessary.On the basis of affirming the legitimacy of the right to rescind and the necessity of third-party protection,exploring the solution to the problem of third-party protection cannot be separated from the discussion on the restriction of the insured’s right to rescind.The question of the legitimacy of the insured’s right to rescind answers why it is necessary to establish the insured’s right to rescind,and the necessity of third-party protection discusses why the interests of the third party need to be protected,and it is also the theoretical basis for restricting the right of rescission;The theoretical analysis of the right limitation is a discussion on whether the right to rescind needs to be restricted.The third chapter proposes the specific improvement path for third-party protection.This chapter mainly tries to put forward perfect suggestions for the protection of the third party in altruistic insurance contracts from two aspects: the appropriate restriction of the policyholder’s right to rescind and the refinement of the redemption right system.On the basis of fully analyzing the existing problems of thirdparty protection,combined with the relevant legislative experience in and outside the territory,the period of the right to rescind,the insured’s request for rescission in special insurance contracts,the insured’s notification obligation,and the third-party hesitation period system,the legal consequences of the exercise of the redemption right and other issues,put forward specific and feasible suggestions for improvement.