magazinelogo

Journal of Humanities, Arts and Social Science

ISSN Online: 2576-0548 ISSN Print: 2576-0556 CODEN: JHASAY
Frequency: monthly Email: jhass@hillpublisher.com
Total View: 4761708 Downloads: 1468330 Citations: 301 (From Dimensions)
ArticleOpen Access http://dx.doi.org/10.26855/jhass.2023.06.035

On the Applicant’s Obligation to Inform the Truth

Shuyu Li*, Kaina Feng

North China University of Science and Technology, Hebei, China.

*Corresponding author: Shuyu Li

Published: July 20,2023

Abstract

The obligation to truthfully inform the applicant, that is, when concluding the insurance contract, the applicant should truthfully inform the insurer of the insured subject matter or the relevant situation of the insured. Tell the obligation is based on the maximum good faith principle, in the process of actual contract, the insured and insurance is closely related, and is the most know about the situation, from the perspective of the insurer, the insurer to grasp their rights largely depends on the policy commitment is true and accurate, so it can be seen that between the insurer and the insurer information asymmetry, in life insurance, this kind of information asymmetry is particularly obvious. In this case, in order to ensure the interests of the applicant and the insurer, to ensure that both sides means true, policy-holder in accordance with the law to fulfill the obligations has become a very important link, if the policy-holder violation or failed to do the obligations, the insurer according to the provisions of the relevant laws and regulations to exercise the insurance contract. Through the inspection and analysis of the current insurance disputes, most of the problems arise from the insured's ig-norance or omission of the obligation. It can be said that the study of the obliga-tion of the applicant in the insurance law is of great significance to promote the healthy development of the insurance industry and the protection of insurance consumers. With the rapid development of the insurance industry and the enhancement of consumers' demand for insurance products, it is worthwhile to make the truthful notification obligation of the applicant in the insurance law better serve the development of the insurance industry.

Keywords

Truthful obligation, insurance contract, right of release, subject matter of insurance

References

A Chen, P Hieber, T Nguyen. Constrained non-concave utility maximization: An application to life insurance contracts with guarantees. European Journal of Operational Research, 2019.

Drafting Group of the Judicial Interpretation of the Insurance Law of the Supreme People's Court: (<The Insurance Law of the People's Republic of China> Insurance Contract Chapter Provisions: Understanding and Application, China Legal Press, 2010.

Fan Jian, Wang Jianwen, Zhang Lili. Insurance Law, Law Press, 2016.

Fan Qirong. The Issues and New Outlook of Insurance Law, Peking University Press, 2015.

Fu Tingzhong On Insurance Law, Tsinghua University Press, 2011.

J Dębicka, S Heilpern. Valuation of viatical insurance contracts. Śląski Przegląd Statystyczny, 2020.

Liang Huixing. On Civil and Commercial Law (Vol. 57), Law Press, 2015.

Peng Hong, Dou Jingxian. Insurance Law, Sun Yat-sen University Press, 2003.

S Landini. Transparency in the Insurance Contract Law of Italy. Transparency in Insurance Contract Law, 2019.

Sun Hongtao. Fine Interpretation of the Insurance Contract Law, China Law Press, 2014.

Wang Jing. Judgment Rules and Application of Law in Insurance Cases, People's Court Press. The 2013 edition.

WO OWAIS, AA DAHIYAT. Readiness and Challenges for Applying IFRS 17 (Insurance Contracts): The Case of Jordanian Insurance Companies. 2021.

Zhou Yuhua. Interpretation and Application of the latest Insurance Law, Law Press, 2009.

How to cite this paper

On the Applicant’s Obligation to Inform the Truth

How to cite this paper: Shuyu Li, Kaina Feng. (2023) On the Applicant’s Obligation to Inform the Truth. Journal of Humanities, Arts and Social Science7(6), 1225-1228.

DOI: http://dx.doi.org/10.26855/jhass.2023.06.035