| 英文摘要 |
Standardized form contract is composed of many terms and conditions that are small in print, lengthy, complex and incomprehensible to read, so the party adhered to the contract most likely do not go through the contract thoroughly. In the contexts of insurance, standardized form contracts not only are used, but also serve as a take-it-or-leave-it basis for insurance consumers. Therefore, insurance contract is also called super-adhesion contract. As a result, it is doubtful whether the text of the insurance contract is the true expression of agreement of the parties. In 1970, Robert Keeton, a well-known insurance law scholar in the United States published an article where he identified the doctrine of reasonable expectation in insurance law after concluding the opinions from court cases in past decades. The doctrine can indeed supplement the contents of the insurance contract and avoid any party from taking the unconscionable advantage. Therefore, decades after development of the doctrine, the majority of states has adopted the revised version of the doctrine of reasonable expectation and used it in insurance as an interpretive tool. Moreover, scholars observed that doctrine of reasonable expectation is an ideal suitable for insurance regulation that can be used as a standard for regulating insurer’s market conducts. The doctrine of reasonable expectation has not been expressively stipulated in the laws and regulations in Taiwan. However, since about 20 years ago, some courts in Taiwan have continued to use the doctrine of reasonable expectation as the ruling basis in the insurance dispute cases. Therefore, it is necessary to fully understand this doctrine. This project will base on the legal system of the United States to introduce the theoretical development and the practice of the doctrine of reasonable expectation and examine the related issues in Taiwan. With reference to the latest development in the United States, this project will attempt to establish the comprehensive foundation and scope of application of doctrine of reasonable expectation and provide suggestions fitting to the legal system in Taiwan. It is hoped that this research can further improve the system in the contexts of insurance law. |
