TY - JOUR

T1 - Limitations on the insured's duty of disclosure in Chinese law: a comparative analysis with English, Australian and German laws

AU - Jing, Z.

AU - Zhong, M.

PY - 2015/7/1

Y1 - 2015/7/1

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

M3 - Article

VL - 26

SP - 224

EP - 235

JO - International Company and Commercial Law Review

JF - International Company and Commercial Law Review

SN - 0958-5214

IS - 7

M1 - 6

ER -