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最大诚信原则源于1906年英国海上保险法,以其严格性著称。最大诚信原则的立法本意在于降低保险合同当事人双方信息不对称所带来的风险。然而在实务中,由于该原则的模糊性和严格责任性,给双方当事人带来了新的贸易风险。本文试从最大诚信原则的基本内涵入手,全面解析该原则的适用时间和义务条款,进而深度挖掘该原则在国际商事实务中存在的潜在风险点,积极找寻应对风险措施,以求服务国际保险实践。
The principle of utmost good faith stems from the British Maritime Insurance Act of 1906, known for its stringency. The purpose of the legislation of the principle of utmost good faith is to reduce the risk brought by the information asymmetry between the two parties to the insurance contract. However, in practice, due to the ambiguity and strict liability of the principle, new trading risks are brought to both parties. This article tries to start from the basic connotation of the principle of maximum integrity, comprehensively analyze the applicable time and obligation clause of the principle, and then excavate the potential risk points of the principle in international commercial practice in depth, and actively find out the measures to deal with the risk in order to serve the international insurance practice .