(2017年4月)韩永强 :Good Faith in Insurance Law: general and independent, not a (legal) duty but an interpretative principle
发表时间:2017-04-25 阅读次数:110次

作者:Yong Qiang HAN (韩永强)

题目:

Good Faith in Insurance Law: general and independent, not a (legal) duty but an interpretative principle

刊物:

Insurance Law Journal (第28卷第95-108 页,澳大利亚,刊发于2017年4月)

单位:

Faculty of Law, National University of Singapore;

KoGuan School of Law, Shanghai Jiao Tong University, PR China

 

摘要:

There is hardly any substantive difference between ‘utmost good faith’ and ‘good faith’. In insurance law there is not a general and independent duty to act in good faith. This is because the requirement of good faith in insurance law, although being both general and independent, is neither a statutory duty nor a common-law duty the breach of which usually gives rise to a cause of action. Instead it is an interpretative principle in the common law of insurance. Similarly in civil law jurisdictions, it is not a legal duty either but instead an interpretative principle.