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A Brief Talk on the Incontestable Clause in China's Insurance Law

摘要


Since the introduction of the incontestable clause in China's insurance law in 2009, it has protected the legitimate rights and interests of the policyholder to a certain extent and prevented the insurer from abusing the right to terminate the contract. However, the specific provisions on the scope of indefensible, time limit and exclusion of liability are not clear provisions, resulting in a lot of insurance claims disputes. In view of this, this paper analyzes the application of this clause in foreign countries and the actual situation in China and puts forward some ideas and suggestions.

參考文獻


Ding Fanzhu. Discussion on the Indefensible Clause of Insurance Law from the Perspective of Judicial Practice [D]. Southwest University of Political Science and Law,2017.
Sun Hongtao, Shi Xiaobo. The Incontestable Clause in American Insurance Law and Its Enlightenment [N]. China Insurance News,2018-04-25(004).
Xie Boxi. Research on Indefensible Clause of Insurance Law in China [D]. Guangdong University of Finance and Economics,2017.
Tao Pengfei. Research on the Rule of Incontestability [D]. Heilongjiang University,2018.
Zhang Yichao. On the Incontestable Clause and Its Application in China's Insurance Law [J]. Hebei Law Science, 2012,30 (11) : 74-80.

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