保险危险增加通知义务之法效研究

On the Refactoring of Notification Obligation of Risk Increase in Insurance Law

探讨危险增加通知义务之关键在于厘清其法律效果。义务人适当履行时,保险人享有增加保费维持合同或直接解除合同之权利,但两者之间应存在行使顺位之区分。不适当履行时,应区分保险事故发生与否以及危险增加之可保性与可归责性,适当引入非因果关系、因果关系、比例赔偿等理论予以法效重构,以合理引导义务人对于危险增加之处理模式。

The key to research on the notification obligation of risk increasing is to clarify its legal effect. If the obligor performs appropriately, the insurer has the right to increase premiums to maintain the contract or terminate the contract directly, but it should be of sequence. On the contrary, its legal effect has to be refactored by distinguishing whether there is an insurance accident, and whether the increased risk is insurable and should be blamed, and introducing the theory of causality and prorated compensation principle, so as to guide obligors to deal with the notification obligation rationally.