人身保险合同中的如实告知义务

如实告知义务是保险法基于保险关系的特殊性 ,要求投保人向保险人履行的一项重要义务。投保人能否履行如实告知义务 ,直接关系到保险人的利益 ,进而影响保险合同的效力。在借鉴国外及我国台湾地区保险立法、学说和判例的基础上 ,结合我国的保险立法和实践 ,探讨了如实告知义务的涵义、投保人如实告知的事项以及违反该义务的法律后果诸问题。

The Duty to Inform Things in Contract of Body Insurance

The duty to inform things is an important obligation by the insured to the insurer imposed by insurance law. Governed by the special nature of insurance, whether the insured performs the duty well or not is directly linked to the safeguarding of the interest for the insurer, and at once determines the insurance contract's effect. In this article, a lot of important issues, with the considerations of the Chinese insurance legislations and practices, are discussed, such as the meaning of the duty to reveal, contents of revealing according to the contract of body insurance, breach and judgment of the duty to inform, effect of the breach of the duty to inform, by learning from the insurance legislations theories and cases of foreign countries and that of Taiwan province of China.