摘要
人身保险合同的成立与生效,是近年来保险理论界关注较多的问题,也是我国几起保险赔案争议的焦点所在。本文分析了人身保险合同成立和生效的时间,提出了保险人签发保险单、投保人交纳首期保费不应成为人身保险合同成立要件的观点,对于保险实务中普遍存在的投保人先交费保险人后核保的现象,笔者建议保险人通过签署临时保险单或临时保障声明控制高额给付的风险,保障投保人、被保险人和受益人的合法权益,以减少保险理赔纠纷的发生,促进寿险业又好又快发展。
The establishment and effectiveness of personal insurance contract has attracted a lot attention in recent years among the insurance theoretical society. It is also the focal point concerning several insurance claim disputes. The paper analyzed the time factor of the establishment and effectiveness of personal insurance contracts, the relationship among signing off the insurance policy by the insurer, the applicant＇s payment of first-year premium and the effectiveness of the insurance contract. It pointed out that the effectiveness of the personal insurance contract is not hinged upon the signing off the insurance policy by the insurer and the applicant＇s payment of first-year premium. In regard to the practices of ＂first premium payment by the applicant, then underwriting by the insurer＂, the author suggested that the insurer should sign a temporary policy or a temporary protection statement to guard against high-sum payment risk, protect the interests of the applicant, the insured and the beneficiary, reduce occurrence of claim disputes, and promote fast and healthy development of the insurance industry.
出处
《保险研究》
CSSCI
北大核心
2008年第4期81-83,共3页
Insurance Studies
关键词
人身保险合同
成立
生效
签发保险单
交纳首期保费
personal insurance contract
establishment
effectiveness
signing off the insurance policy
payment of the firstyear premium
