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我国《保险法》第37条对保险风险增加的通知义务规定过于简单,操作性不强。投保人或被保险人风险管理和评估能力不强,致使保险人利用该条款终止保险合同和免除赔偿责任的情况时有发生。笔者在比较他国保险法基础上,对保险期间风险增加通知义务的有关法律问题进行了探析,提出了完善建议。
China’s “Insurance Law,” Article 37 of the insurance policy to increase the risk of notification obligations is too simple, operational is not strong. Insurant or insured risk management and assessment capabilities are not strong, resulting in the insurer to terminate the insurance contract with the terms of liability and exemption from occurring from time to time. On the basis of comparing the insurance law in other countries, the author analyzes the legal issues concerning the obligation to inform the risk increase during the insurance period and puts forward some suggestions.