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作为我国保险法上的一项重要义务,危险通知是指在保险责任期间,一旦保险标的发生保险事故的危险程度显著增加,投保人或被保险人应该及时的通知保险人。这一义务是对保险人的不利益进行救济,旨在恢复保险合同的对价平衡,可以有效的控制风险,促进保险事业的健康可持续发展。作为一种法律事实,危险增加有其特定的要素,并不是一发生危险增加的事项就对投保人或被保险人构成危险通知义务,我国《保险法》中有关于危险增加通知义务的规定,但是规定过于原则化,在实践中操作性不强,司法审判实践中难以对当事人之间的纠纷定纷止争。本文主要对危险通知义务的基本理论进行概述,在此基础上对危险增加的构成要件进行分析,最后对危险增加通知义务的履行及怠于履行的法律后果进行阐述。
As an important obligation in the insurance law of our country, the notice of danger means that during the period of insurance liability, the insurant or the insured should promptly notify the insurer once the danger level of the insured event has increased significantly. This obligation is to relieve the insurer’s non-interest, aiming at restoring the balance of consideration of the insurance contract, effectively controlling the risk and promoting the healthy and sustainable development of the insurance business. As a legal fact, the danger increases with its specific elements. It does not constitute a danger notification obligation to the policy holder or the insured as long as the risk increases. However, China’s “Insurance Law” contains provisions on the obligation to notify a dangerous increase. However, Provisions are too principled, in practice not strong operability, the judicial trial is difficult to disputes between the parties have to fight. This article mainly summarizes the basic theory of the obligation of informing on the basis of danger, and on the basis of which, it analyzes the constitutional elements of danger increase, and finally expounds the fulfillment of obligation of informing of danger and the legal consequences of lame act of fulfillment.