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The Insured's Duty of Disclosure under Chinese Insurance Law

NUS - Centre for Maritime Law Working Paper No. 17/05

NUS Law Working Paper No. 2017/004

22 Pages Posted: 16 Mar 2017  

Feng Wang

National University of Singapore (NUS) - Faculty of Law

Date Written: March 15, 2017

Abstract

Two and a half centuries ago, Lord Mansfield delivered the judgment of Carter v Boehm, which is one of the most well-known cases in English law. Since then, the duty of disclosure has become one of the most significant obligations of the insured. During the past 250 years, the development of English law on this particular issue has been truly extraordinary. Various kinds of detailed and practical principles have been laid down by the English courts. In addition, most recently, after a thorough review progress undertaken by the English and Scottish Law Commissions, the Insurance Act 2015 (UK) came into force in August 2016, and parts of the outdated duty of disclosure principles have been replaced by this new Act.

As the origin of modern insurance law, it is an undebatable fact that English law has also had an influence on Chinese law that cannot be ignored. This paper will first explore the insured’s duty of disclosure under Chinese law in detail. Secondly, the criticisms of current Chinese insurance law will be discussed. In particular, in light of the reforms in English law, what are our reasonable expectations of new developments in Chinese insurance law?

Keywords: Insurance Law, China, Duty of Disclosure, Good Faith

Suggested Citation

Wang, Feng, The Insured's Duty of Disclosure under Chinese Insurance Law (March 15, 2017). NUS - Centre for Maritime Law Working Paper No. 17/05; NUS Law Working Paper No. 2017/004. Available at SSRN: https://ssrn.com/abstract=2933957 or http://dx.doi.org/10.2139/ssrn.2933957

Feng Wang (Contact Author)

National University of Singapore (NUS) - Faculty of Law ( email )

469G Bukit Timah Road
Eu Tong Sen Building
Singapore, 259776
Singapore

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