论保险合同的成立

On Concluding of Insurance Contract

本文针对我国保险领域里对保险合同的成立问题所存在的一些模糊认识 ,运用合同法的基本理论 ,论述了保险合同 (包括海上保险合同 )的成立要件 ,并提出了判定保险合同是否成立的三项原则。文章还就当前我国所出现的保险营销员的特殊现象 ,阐述了此种现象对保险合同成立的影响 ,并发表了自己的意见。

Directing against some confused ideas about concluding of insurance contract which were prevalent at the circle of insurance, the author of the paper, applying the basic theory of the law of contract, discusses elements of concluding of insurance contract (including marine insurance contract) and puts forward three principles for judging the fact that whether insurance contract is concluded or not. On the basis of the above, the paper, aiming at the special appearance of insurance salesmen emerged in China, describes the influence of such appearance to the concluding of insurance contract.