2010Journal of Liaocheng UniversityRequires access

Analysis on the Privity of Insurance Contract

Lirong Peng

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Abstract

The privity of contract is the fundamental characteristic of contract,which is also the characteristic of insurance contract as the insurance contract is a kind of business contract.Although the parties to the insurance contract are different from those of other contracts,and the policy holder shall be the party responsible for the duties to inform whereas the insurance contract is concluded,the insured's duty to notify the insurer in the course of the performance of insurance contract is not a obligation of parties to contract,the privity of contract is still the sole and fundamental characteristic of contract,no exception with insurance contract.

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What this paper is about

The privity of contract is the fundamental characteristic of contract,which is also the characteristic of insurance contract as the insurance contract is a kind of business contract.Although the parties to the insurance contract are different from those of other contracts,and the policy holder shall be the party responsible for the duties to inform whereas the insurance contract is concluded,the insured's duty to notify the insurer in the course of the performance of insurance contract is not a obligation of parties to contract,the privity of contract is still the sole and fundamental characteristic of contract,no exception with insurance contract.

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Available abstract

The privity of contract is the fundamental characteristic of contract,which is also the characteristic of insurance contract as the insurance contract is a kind of business contract.Although the parties to the insurance contract are different from those of other contracts,and the policy holder shall be the party responsible for the duties to inform whereas the insurance contract is concluded,the insured's duty to notify the insurer in the course of the performance of insurance contract is not a obligation of parties to contract,the privity of contract is still the sole and fundamental characteristic of contract,no exception with insurance contract.

Key concepts: Privity of contract, Insurance policy, Business, Contract management, Severability, Exclusion clause, Frustration of purpose, Obligation

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