On the Obligation of Infroming the Insurer of the Risk Increasing under Insurance Law
|Keywords||Insurance Law Increased risk of Notification obligations|
Increased risk of the obligation to notify is an important obligations on insurance law, refers to the period of insurance liability, in the event the level of insurance risk to the subject matter of significant increase in the insured or the insured shall without delay notify the insurer. Balanced consideration to reply to an insurance contract, effective control of risks, so as to promote the healthy development of the insurance industry. \This paper uses a literature search, comparative analysis of inductive summary of the research methods, based on draw foreign related legislative experience of, our existing insurance law on dangerous increase in the obligation of notice provisions, and Insurance Practice danger increasing problems in the notification obligations and try discusses the following three parts, although trespass suspected, but look scholars and legislators can more concerned about the risk of increased notification obligation exists, thus promoting the legislators increased risk notification obligations through judicial interpretation as soon as possible resolved, the author in the text put forward their own humble opinion, the map can provide useful lessons for judicial interpretation. The first part, the increased risk of the basic theory of the obligation to notify. The article first analyzes the increased risk of the obligation to notify the legal basis, and that the principle of utmost good faith, and increased risk notification obligations of the legal basis of the principle of price balance. Demonstrated an increased risk of the legal property of the obligation to notify its scope. That the increased risk notification obligations are legal obligations and not real obligation, and its range expansion is applied to the third field of insurance, not only applies to property insurance. The second part, the increased risk of identified and typed. The article first into the details of the constituent elements of the increased risk in the sense of legal evaluation that should have a significant, timeliness, persistent, not valuation characteristics. Secondly, discusses the the countries increased risk classification, that is the subjective an increased risk of objective danger, agreed that the increased risk and an increase in legal danger, think that it is necessary for the country to learn from foreign practices increased risk typed. The third part, the increased risk to the fulfillment of the obligation to notify. The first, the increased risk of the fulfillment of the obligation to notify the main, to perform and fulfill discussed. Second, the article analyzes the increased risk of the obligation to notify appropriate performance and indolent to fulfill the legal consequences, that the shortcomings of China's insurance law provisions on the implementation of the consequences, should be carried out by the judicial interpretation of the insurer's right to choose under the restrictions priority to increase premiums , and clearly the exercise of the right to choose during the same time should be different depending on the type of the increased risk of gives the different performance consequences.