论保险法中的不可抗辩条款民商法专业论文.docx

Abs Abstract 1 1 2 2 Incontestable clause is to restrict the insurer, to protect an important provisions of the interests of the insured, balance the interests of both parties. It originated in the nineteenth Century British insurance industry rules, the United States of America Armstrong act for the first time in the form of legislation established as a legal system, other insurance industry in the developed countries and regions have reference. Our country since the 2009 introduction of incontestable clause, not only enhanced the insured and beneficiary s confidence, to protect the interests of the insured, but also for the insurance industry to establish a credit image to promote the development of the insurance industry. Because of Chinas insurance industry started relatively late in western developed countries, the incontestable clause in our legislation has been introduced in the near future, the law itself and the relevant supporting systems are not perfect. Therefore, the author in the use of the professional knowledge of law and combining with the relevant insurance knowledge and learn from some of the provisions of foreign insurance industry in developed countries to study the absence of incontestable clause in the legal system deficiencies and related system of our country insurance law in, and put forward the countermeasures to perfect some personal. The first part, through the elaboration on the general situation of the incontestable clause, the main problem leads to the detailed research and analysis. The establishment of the incontestable clause on the inhibition of the insurer abuse of right of rescission, protect the insureds rights and interests indeed played a positive role. However, in the implementation of more than four years, we have also seen some problems which exist in the clause. This leads to the following research on the causes of these problems. The second part, in view of the above questions, this part summarizes three main reasons