论我国《保险法》修订后的重复保险法律制度.pdfVIP

Abstract The insurance business have become an important component of our social security system, we should attach to the perfect double insurance system . Reviewed the legislation of England, American and Japan, the amended Insurance Law of PRC obvious still have some place can not able to meet the needs of nowadays. The article analyzed the insufficient spot of the legislative and the legal theory, elaborate system construction of double insurance system, analyze the contention, proposed the concrete suggestion and the conclusion, hope to keep pace with the times of the double insurance system legislation The definition of double insurance does not have the coherent argument. In the foundation of our countrys legislative situation, the article indicated the advanced points of the amended Insurance Law about the definition of the double insurance, agrees with narrow sense that should include: the sum of premium exceeding the insurance value, discussed the five legislative meanings. According to the definition in the Insurance Law of amended and not, the article unified the scholars’ different elaboration, the amended demarcation of the component in the double insurance is logical, the five conditions must be fulfilled: the same subject-matter, the same insurable interest, the same assured, several contracts with different insurers and the sum of premium exceeding the insurance value. Simultaneously analyzed “double insurance of goodwill or not, the same and the different period of double insurance” so on. The duty of notification in the amended Insurance Law stipulate also very simple, the article analyzed its legislative intention, its volunteer, its items, its manner,