Insurance Contract Disclosure Obligation System Theory

Author: Fan Qirong
Publisher:
Publish Date: 2004-01-01
Features: The duty of disclosure system, as a traditional and unique inherent institution in the law of insurance contracts, serves as the cornerstone of the rational operation of the insurance industry. Without a scientifically and reasonably constructed duty of disclosure system, it would be impossible for the insurance industry to operate stably and develop in an orderly manner. However, at the same time, it is also a rule that is easily controversial and difficult to understand in insurance practice and theoretical research, making it a subject of omission and easily targeted for legislative reform in the history of insurance legislation. Therefore, this paper focuses on the duty of disclosure, aiming to address and resolve the central issues: How was it formed, and what is the reasonable basis for its existence? How has it evolved, and what are the content and essence of its changes? And in today's insurance industry, which has undergone profound changes, does it still have a justifiable reason to exist? How should its rules be constructed to achieve its purpose? The author takes a "affirmative stance," employing legal hermeneutics, legal history, legal economics, and comparative law