Renmin Chinese Law Review
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Renmin Chinese Law Review

Selected Papers of The Jurist (法学家), Volume 5

Edited by Jichun Shi

Renmin Chinese Law Review, Volume 5 is the fifth work in a series of annual volumes on contemporary Chinese law which bring together the work of recognized scholars from China, offering a window on current legal research in China.
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Chapter 11: An investigation into the validity of the life insurance contract without the consent of the insurant

Selected Papers of The Jurist (法学家), Volume 5

Yu Haichun

Abstract

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

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