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Wysłany: Pią 13:49, 17 Wrz 2010 Temat postu: MAC Cosmetics Wholesale Insurance Law on the scope |
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Insurance Law on the scope of this obligation
[Paper Keywords] Insurance Law principle of good faith obligations
[Abstract] insurance law on the duty of disclosure is the real Africa insurance contract obligations, but this obligation is a reasonable operating system for the insurance industry, the cornerstone. We would like to inform the insurance contracts scope of the obligation to strictly defined, and thus to reduce disputes, make it more operational and practical. Insurance law on this, refer to the insured in the insurance contract entered into when the subject of risk and insurance related to the statement made by the insurer or description. Which usually involves three aspects: a statement of fact, future events and acts of representation, and quoted statements of others. Insurance legislation in the world today are the provisions of the insurance contract, the insured or the insured should be important issues related to the subject matter insured truthfully inform the insurer, which is commonly referred to as the duty of disclosure. China's \shall tell the truth. \ How to determine the scope of this? There are endless cases of this legislation and asked about this doctrine of Marxism points, unlimited requests the obligations of this doctrine do not matter to the insurer's inquiry is limited to, the risk must be accurately informed of all circumstances of the insurer; asked about this doctrine advocated the duty of disclosure people only ask the insurance people can truthfully answer. The obligations of our country most people know little about the insurance expertise, and the insurer as a professional, proficient in business, knows the estimated risk of various conditions, Moreover, unlimited to some extent this may hurt business secret, so the early development of insurance should be asked about this doctrine adopted suitable for parties are also more fair. Otherwise, if the insurer lazy investigations and inquiries, but as a duty of disclosure requirements for open-ended inform people do not meet the requirements of the principle of good faith. This, China's \\insurer. the insurer knows or should know in the ordinary course of business situation, the insurance had not asked, the insured need not be disclosed \and other considerations to make, but with modern technology and communication increasingly developed,MAC Cosmetics Wholesale, people's capacity has shrunk controlling nature, the basis of this consideration is greatly weakened,Discount MAC Cosmetics, and asked the reasonableness of this doctrine has been questioned there. China's \. An important matter of objective criteria matter whether the insurer asked to inform the obligor need to tell it truthfully? There are two views, one view, the Parties have the right to their own judgments on the importance of asking itself implied the importance of the issues that insurers will be affected psychological, the insured shall be bound to tell the truth. Another view was that the importance is a question of fact, need to take into account all relevant factors to determine if the care insurers do not think that a situation is important, individual insurers can not make it important to ask. This paper adopted the latter view, that if the insurer is irrelevant trivia asked to inform the obligation to inform the people were not true, although the violation of this principle of good faith, but to take risks and does not affect the estimated rates, that does not undermine the principle of the price balance, according to previously described the legal duty of disclosure, the insurer shall not terminate the contract, so this area should also be important issues to qualify. Decide whether the fact that important issues, countries have adopted basically the British Marine Insurance Act 1906, the same standards, generally, that my country, \or increase the premium. \Important issue is the insurer for the fact that risk estimates of the powerful, if it knows the truth of the exclusions or not to insure the conditions. As to the specific identified, law without an express need to depend on the insurance type and the content or purpose of individual insurance contracts to the insurance technical point of view objectively be evaluated. Only when the duty of disclosure on these important matters were withheld or not truly informed only when the price balance principle constitute pairs damage,Wholesale MAC Cosmetics, insurance professionals can terminate the contract. And, under our contract law, could lead to termination of a contract nature of the act is very serious, must be fundamental breach of the extent, if the insured's misrepresentations would not change 保险 the ultimate decision, then Yi Ju Contract Act, the nature of the act has not reached the extent of the fundamental breach of contract, less than that insurer to terminate the contract, otherwise the party will make a relatively easy to lose the protection of the insurance contract, which is very unfair to him. Can be seen on the content of this obligation to be \So ask this doctrine, the insurer has not asked about the matter on the obligations of non-important issues may be presumed, but the opposite presumption is not established, that the insurer asked the matter was not necessarily important issues, people are such issues as the duty of disclosure not really tell this does not constitute a breach of its obligations. Important information to measure the standard is prudent to judge the objectivity of the insurers standards, rather than the actual insurer to determine the subjective standard. Whether the facts constitute an important fact, that is sufficient to affect the insurer to accept the proposal form, to determine a reasonable premium rate,tory burch on sale, and then reached the insurance contract, the insured person does not depend on whether it is important they think, not to the will of the insured person's subjective for the transfer; usually not based on a particular view of the insurer as the standard, but rather a reasonable prudent insurer in this case will be more expensive as the standard. In other words, in this case, the majority of insurers would do, is to accept insurance, or refuse to insure; or, what kind of rates given. This standard is also called \However,p90x, some of the insurance in the United States also have used the so-called case. \ More articles related to topics:
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