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

Keywords

  • Australia; China; Comparative law; Duty of fair presentation; Germany; Insurance; Pre-contract disclosure
Original languageEnglish
Article number6
Pages (from-to)224-235
Number of pages12
JournalInternational Company and Commercial Law Review
Volume26
Issue number7
Publication statusPublished - 1 Jul 2015
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