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Haichun, Yu --- "An investigation into the validity of the life insurance contract without the consent of the insurant" [2017] ELECD 1258; in Shi, Jichun (ed), "Renmin Chinese Law Review" (Edward Elgar Publishing, 2017) 250

Book Title: Renmin Chinese Law Review

Editor(s): Shi, Jichun

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781788110495

Section: Chapter 11

Section Title: An investigation into the validity of the life insurance contract without the consent of the insurant

Author(s): Haichun, Yu

Number of pages: 22

Abstract/Description:

According to Article 34 of Chinese Insurance Law, the insurance contracts conditioned by the death of the insured are void without the insured’s consent. In trial, the consequences of void insurance contract include: returning all premiums, the insurer’s main liability for damages and contracting fault liability of the insurer. The opinion in favor of returning all premiums does not consider the fulfilling of the insurer. The opinion under which the insurer assumes the main liability overlooks the fact that the applicant has no fault. The consequence that there is contracting fault liability of the insurer is acceptable, but the theory to explain the consequence is in doubt. As a void contract, the insurance contracts conditioned by the death of the insured cannot meet the standards of necessity and harmony in the principle of proportionality. the effectiveness of the contract should be suspended. its final effect shall be determined according to the specific situation. Keywords: Insurance contracts conditioned by death of insured without insured’s consent; void; principle of proportionality; suspended validity