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Review on Legal Responsibility for the Breach of Disclosure Duty in P. R. C. Insurance Law

Mingzhu Zhang

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Abstract

Regarding the breach of disclosure duty, the P. R. C. Insurance Law provides a unified contract-dissolution system. This essay points out there are some deficiencies of current provisions concerned in China. On one hand, the result that the assured deliberately fails to carry out his duty of truthful disclosure should be contract rescission rather than dissolution. On the other hand, there are three issues desiderating improvement in the legal responsibility of negligently breaching the disclosure duty.

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What this paper is about

Regarding the breach of disclosure duty, the P. R. C. Insurance Law provides a unified contract-dissolution system. This essay points out there are some deficiencies of current provisions concerned in China. On one hand, the result that the assured deliberately fails to carry out his duty of truthful disclosure should be contract rescission rather than dissolution. On the other hand, there are three issues desiderating improvement in the legal responsibility of negligently breaching the disclosure duty.

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Available abstract

Regarding the breach of disclosure duty, the P. R. C. Insurance Law provides a unified contract-dissolution system. This essay points out there are some deficiencies of current provisions concerned in China. On one hand, the result that the assured deliberately fails to carry out his duty of truthful disclosure should be contract rescission rather than dissolution. On the other hand, there are three issues desiderating improvement in the legal responsibility of negligently breaching the disclosure duty.

Key concepts: Rescission, Duty, Law, Business, Legal responsibility, Insurance policy, Insurance law, Political science

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