保险法告知义务研究

The research on the informing obligation in Insureance law

告知义务源于保险法中最大诚信原则,属法定的先契约义务,具有单方性、诚信性、有限性、衡平性等特点。其主体范围仅限于保险合同中的投保人。当投保人违反告知义务时,则赋予保险人以解约、免责等权利,但要根据义务违反者主观方面的不同予以区别对待。

The informing obligation roots the greatest principle of honesty and prestige in insurance/aw , and it is a sort of legal pre-contract obligation ,taking on some characteristics such as unilateralism , faith ,finity, equlity and so on. Its range of civil subjects is limited to policy-holders in some insurance contracts . The underwriters is endowed with some rights such as ending an agreement , remiting responsibility and so on if the obligation was not performed by policy-holders ,but its disposal need distinguishing the different subjective aspect of transgressors.