Analysis Of The Series Cases About The Informative Obligation Of Risk In The Subject-Matter Insured

The insurance contract belongs to the safeguard contract,its core content lies in through the applicant pays the premium,the insurer undertakes the agreed risk way,thus makes the risk transfer of the insurance object come true.As a risk-sharing mechanism for a certain group of people,insurance requires an "actuarial balance"between the risks underwritten by the insurer and the premiums paid by the applicant.The informative obligation of risk increase in risk refers to the fact that during the period of insurance,the risk level of the tenderer is obviously increased for some reason,then the interests between the contracting parties are out of balance,so the insured should notify the insurer of the above-mentioned situation.In this way,the insurer can make a correct assessment of the risk again,so as to protect his own rights and interests.With the rapid development of science and technology,the disputes about the regulation of Article 52 of the Insurance Law are endless.By counting and analyzing such cases,it is found that the focus of disputes in judicial practice is relatively concentrated,after further combing and analyzing the basic facts,relative legal provisions and academic theories of the sample cases,the following perorations are generalized:firstly,the definition of the measure of distinct danger enhancements in the subject-matter insured.By the means of the analysis of present legal regulations,legal basis and combined with judicial practice of the system,it is taken that the risk should be judged according to three elements:the significance,the continuity and the non-estimation of the risk increase,one of the three factors can not be dispensed with,and the situation stipulated in article 4 of the fourth judicial interpretation of the insurance law should be taken into account.Secondly,the causation between the increased risk and insured events.It analyzes "conditional causality","proper causation","direct causation"and the theory of proximate cause in the present substantive division,in order to limit the scope of the cause of the accident,to avoid the provisions of the insured to expand the application,so as to determine the principle of proximate cause as the causal relationship of the rules.Finally,with regard to the performance of the insurer’s obligation of presentation and description.By sorting out and integrating the views of the academic community,and in view of the legislative origin,theoretical basis and the principle of contract justice,the obligation should be regarded as a legal obligation.In the meantime,it is clear that the provision of the obligation of notification of risk increase is an exemption clause,which requires the insurer to fulfill the obligation of presentation and description on his own initiative,and regulate the insurer’s obligation to prompt and explain its norm and measure of performance specifically.In order to alleviate the severe result of full settlement or no settlement,the insurance law of our country can introduce the judge rule of proportion to correct the imbalance of consideration of the contract.For the sake of making benefits of the parties to a contract tend to equal,the standard of proof of the insurer should be lowered appropriately,and the difficulty of proof of the insurer should be alleviated.