Policy-holder's Arbitrary Termination Right in Altruism Insurance Contract——Concurrently Comment on Article 522 Ⅱ of Civil Code of the People's Republic of China
The insurance contract in which the policyholder is not also the insured is a typical altruistic contract.Paragraph Ⅱ of Article 522 in China's Civil Code affirms the system of true altruistic contracts for the first time in legislative form.The conflict of rights involved in the policyholder's right of arbitrary termination has a special normative nature and independent identification criteria.Both"overall thinking"and"partial thinking"must be held to seek the right way to solve the conflict of right.It is regarded as the abstract boundary to use the"overall thinking"to determine the rights to surpass the rules,and to designate the principle of honesty and credibility;it is considered as the optimal solution to use"partial thinking"to exercise such factors as time,style and consequence combined to result in the construction of arbitrary termination right system.Therefore,some necessary moves must be made to improve the basic theory of the system of the policyholder's arbitrary termination right,to standardize the uniformity of the application of judicial adjudication rules and to coordinate the newly-added norms of the Civil Code and the system competition and cooperation relationship of Insurance Law.
arbitrary termination rightaltruistic insurance contractsconflict of rightsway of solution
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