保险人应承担缔约过失责任

本文案例涉及到合同成立与生效及缔约过失责任等法律问题。在保险实践中,应严格区分保险合同的成立与生效,《保险法》关于"以死亡为给付条件的人身保险合同须经被保险人签字方为有效"的规定仅涉及合同的效力而不涉及合同的成立。此案例因保险人的原因而导致保险合同不成立或无效,应该适用《合同法》关于缔约过失责任的规定,由保险人承担缔约过失责任。

This article involves the legal issue of the establishment and effectiveness of contracts and the contracting default liability. Insurance practices should strictly differentiate the establishment and effectiveness of insurance contracts. The provision of the Insurance Law that ＂Personal insurance contracts with the insured＇s death as the precondition for benefit payment is effective only after it is signed by the insured＂ is only related to the effectiveness of the insurance contract but not the establishment of the contract. The case in point here is related to the insurance contract that is not established or is void due to the insurer＇s responsibility, therefore provision on contracting liability of the Contract Law is applicable and the insurer should take on the contracting default liability.