Research On The Duty To Notify Of Dangerous Increases

Article 52 of the Insurance Law stipulates the Duty to Notify of Dangerous Increase system.This provision fully embodies the two most important principles in insurance law,one is the principle of utmost good faith,and the other is the Consideration and balance principle.However,my country’s current provisions on the Duty to Notify of Dangerous Increase system are incomplete,and there are still many areas in legislation that need to be improved,resulting in many disputes in judicial practice,and judicial legal precedents fail to protect the interests of all parties fairly and effectively.At the same time,with the promulgation and implementation of the Civil Code of the People’s Republic of China,the Change of circumstances has been further clarified in legal form,and the relationship between the system and the Duty to Notify of Dangerous Increase system is also worth discussing.This article analyzes and summarizes relevant judicial legal precedents in recent years and intends to conduct a specific analysis on the above issues and explore the path of optimization.The text is divided into the following parts:The first part is the question raised.First,analyze typical cases and find that the current judicial practice of the Duty to Notify of Dangerous Increase is the "all-or-nothing model" that applies to the judgment of the Duty to Notify of Dangerous Increase.Is it reasonable to apply the all-or-nothing model in violation of the Duty to Notify of Dangerous Increase? Can the interests of all parties to an insurance contract be fairly and effectively protected? In addition to the above questions,after the implementation of the Civil Code of the People’s Republic of China,the Change of circumstances has been determined in legal form,which is like the Duty to Notify of Dangerous Increase system.Continued performance will be obviously unfair to one party.So,can we refer to the relevant provisions of the Change of circumstances system to improve the Duty to Notify of Dangerous Increase system?The second part is the theoretical analysis of the applicable system behind the above problems.First,in view of the main problems in the first part,the theoretical basis of the Duty to Notify of Dangerous Increase system is analyzed.Secondly,whether Change of circumstances can be used as the theoretical basis for the obligation to notify danger is studied.Based on distinguishing the subjective state of the insured,change of circumstances is limited to the scope of risk increase caused by objective factors.At the same time,the legal consequences of applying Change of circumstances are also analyzed.Finally,the defects of the all-in-nothing model are analyzed from the legislative and theoretical levels.The third part makes relevant suggestions for improving the Duty to Notify of Dangerous Increase system with reference to Change of circumstances.In view of the unfairness to the parties caused by the legal consequences model under the current system,it is recommended to introduce a "corresponding adjustment model",which is more in line with the Consideration and balance principle.Secondly,it is recommended to learn from Change of circumstances,limit the insurer’s right to refuse compensation or unilaterally terminate the contract,and introduce a renegotiation procedure to provide the insured with legal remedies in the event of an objective increase in risk.