Limitations on the insured's duty of disclosure in Chinese law: a comparative analysis with English, Australian and German laws

Z. Jing; M. Zhong

Limitations on the insured's duty of disclosure in Chinese law: a comparative analysis with English, Australian and German laws

Z. Jing
, M. Zhong

Research output: Contribution to journal › Article › peer-review

Abstract

Examines the scope of an insured party's pre-contractual duty of disclosure under Chinese law, and compares its operation with English, German and Australian rules. Outlines key features of the approaches of the other three jurisdictions and discusses: (1) the limitations of the duty in China; (2) who owes the duty; (3) and when and how it must be performed. Considers the ambiguities of the Chinese regime and how it might be improved

Original language	English
Article number	6
Pages (from-to)	224-235
Number of pages	12
Journal	International Company and Commercial Law Review
Volume	26
Issue number	7
Publication status	Published - 1 Jul 2015

Keywords

Australia; China; Comparative law; Duty of fair presentation; Germany; Insurance; Pre-contract disclosure

Cite this

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abstract = "Examines the scope of an insured party's pre-contractual duty of disclosure under Chinese law, and compares its operation with English, German and Australian rules. Outlines key features of the approaches of the other three jurisdictions and discusses: (1) the limitations of the duty in China; (2) who owes the duty; (3) and when and how it must be performed. Considers the ambiguities of the Chinese regime and how it might be improved",

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N2 - Examines the scope of an insured party's pre-contractual duty of disclosure under Chinese law, and compares its operation with English, German and Australian rules. Outlines key features of the approaches of the other three jurisdictions and discusses: (1) the limitations of the duty in China; (2) who owes the duty; (3) and when and how it must be performed. Considers the ambiguities of the Chinese regime and how it might be improved

AB - Examines the scope of an insured party's pre-contractual duty of disclosure under Chinese law, and compares its operation with English, German and Australian rules. Outlines key features of the approaches of the other three jurisdictions and discusses: (1) the limitations of the duty in China; (2) who owes the duty; (3) and when and how it must be performed. Considers the ambiguities of the Chinese regime and how it might be improved

KW - Australia; China; Comparative law; Duty of fair presentation; Germany; Insurance; Pre-contract disclosure

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JO - International Company and Commercial Law Review

JF - International Company and Commercial Law Review

IS - 7

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Limitations on the insured's duty of disclosure in Chinese law: a comparative analysis with English, Australian and German laws

Abstract

Keywords

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