2009년 개정 중국보험법의 특색
On the Features of the Insurance Law of thePRC Amended in 2009
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초록
After the Amendment in 2002, the second Amendment of the Insurance Law of the PRC in 2009 is a drastic revision of the law on insurance contract. There are some reasonable modifications concerningthe interests of the insured and the insurants, such as the restriction on the insurer’s right to terminate the contract due to insurant’s failure of making true representations, insurer’s obligations to notify and clarify the contract terms, and the succeeding of rights and obligations after the transfer of the object of insurance. Though given highly appraise in many aspects, the Amendment still shows some weakness in its comprehensiveness, for example, the absence of specific stipulations on insurance contracts of various kinds, the impreciseregulation on the extent of insurer’s subrogation right and so on. Based on a detailed study on the newly amended Insurance Law, the thesis aims to discuss the highlights and deficiencies of this law and bring up some suggestionson the improvement of it.
Abstract
After the Amendment in 2002, the second Amendment of the Insurance Law of the PRC in 2009 is a drastic revision of the law on insurance contract. There are some reasonable modifications concerningthe interests of the insured and the insurants, such as the restriction on the insurer’s right to terminate the contract due to insurant’s failure of making true representations, insurer’s obligations to notify and clarify the contract terms, and the succeeding of rights and obligations after the transfer of the object of insurance. Though given highly appraise in many aspects, the Amendment still shows some weakness in its comprehensiveness, for example, the absence of specific stipulations on insurance contracts of various kinds, the impreciseregulation on the extent of insurer’s subrogation right and so on. Based on a detailed study on the newly amended Insurance Law, the thesis aims to discuss the highlights and deficiencies of this law and bring up some suggestionson the improvement of it.
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