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诚实信用原则贯穿于整个保险法领域的始终,统领整个保险合同——保险合同的订立、解释、履行等,告知义务便是诚实信用与契约自由原则在保险法中的具体体现,它是诚实信用原则经过实践运用,逐渐被具体化的法律规范。由于保险合同具有专业性、复杂性和技术性的多重属性,加之,我国保险立法如实告知义务存在一定的缺陷,使得该条款在司法实践中频频遭遇瓶颈。为此本文以为,必须完善如实告知义务,从而来维护保险领域的根本原则——诚实信用原则。
The principle of honesty and credit runs through the entire field of insurance law and leads the entire insurance contract - the conclusion, interpretation and fulfillment of insurance contracts. The obligation of disclosure is the embodiment of the principle of good faith and freedom of contract in insurance law. It is the principle of good faith Practical use, and gradually be concrete legal norms. Due to the multiple nature of insurance contract, which is professional, complex and technical, in addition, there are some flaws in the obligation of truthful disclosure of insurance legislation in our country, which causes the bottleneck in the judicial practice. Therefore, this paper believes that we must perfect the obligation of truthful disclosure to safeguard the fundamental principle in the field of insurance - the principle of good faith.