试析第三人代付保险费之法律效果

The Legal Effect of Premium on the Third Party

保险费之给付在性质上属债的清偿,本应由投保人负担;但第三人代为给付时,其法律效果如何,保险人得否拒绝受领?对此,我国《保险法》付之阙如,实务中争议颇多。文章主张,应视第三人为利害关系人还是任意第三人,以及区分财产保险与人身保险的性质不同,而其法律效果亦不同。

The payment of premium is inherently tender of a debt, which should be paid by the policy-holder. Yet, what is the legal effect when a third party pays the premium？ Will the insurer be denied the usual rights and benefits？ Our ＂Insurance Law＂ fails to offer a corresponding coverage, leading to much controversy in practice. The paper argues that the legal effect should differ according to whether the third party is an interested party or an arbitrary third-party and also according to the different attributes of property insurance and life insurance.