论保险合同免责条款的效力认定-民商法学专业论文.docxVIP

论保险 论保险合同免责条款的效力认定 3 3 关键词：保险；免责条款效力；提示义务；明确说明义务；诚信原则；公平原则 论保险 论保险合同免责条款的效力认定 西南政 西南政法大学硕士学位论文 1 1 2 2 Abstract The insurance industry, as an important part of modern financial industry, its status and role in Chinas economic development should not be overlooked. The insurance function is to prevent and defuse risks, in which way to ensure the safety of individual and collective life and property, thereby promoting the stable development of the national economy. Since the reform and opening up, the insurance industry has developed rapidly: the number of insurance companies and premium is growing rapidly. However, the insurance market is not standardized currently, and there are still a variety of problems, such as misleading sales, difficult claims and so on. Some of these problems are related to exemption clauses in insurance contracts. Insurance companies often use their own professional advantage to made many exemption clauses in the format insurance contracts, then invoke these exemption clauses to deny claims in the event of an insured event. Therefore, in order to protect the interests of policyholders, thus contributing to the healthy development of the insurance industry, the study of the insurance exemption clauses is meaningful. In this paper, using the comparative analysis, legal analysis and empirical analysis as the main research methods, I will elaborate my views on issues related to insurance exemption clauses particularly the identification of its effectiveness. This paper is divided into about four parts: The first part is Overview of the exemption clauses in insurance contracts . This part defines the concepts of insurance-related, such as insurance, insurance contract, standard terms, exemption clauses, and describes the insurance requirements, the regulation of standard terms and exemption clauses and so on. This part is to pave the way for the full text, which is significant for understanding the exemption clauses in insurance contracts. The sec