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后金融危机时代背景下诚信原则在我国现代保险法中的复活 [Renaissance of the principle of good faith in Chinese modern insurance law in post financial crisis era]
Sheng, Chen
Sheng, Chen
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n10.pdf
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Abstract
Honesty is a common value shared by both the East and the West despite of their cultural differences. The meaning of honesty is changing over time. It always means the principle of utmost good faith in insurance law. While reviewing its progress, one will find that it is under renaissance and becomes more and more obvious in China in post financial crisis era. By analyzing the honesty issues of applicants, insurers and insurance agents, this article provides five specific solutions: transform the principle of honesty and creditability into the principle of utmost good faith; explicitly state the guarantee obligations of applicants in the insurance law; make the insured and beneficiary be included in the truly disclosure obligation; refine the rules about waiver and estoppels; be clear with the civil liability and consequences of violation of the principle of utmost good faith.
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2013
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Creative Commons Copyright (CC 2.5)