免责条款在保险合同中的认定问题研究

Research on the Cognizance Issues of Exclusion Clauses in the Insurance Contract

目前,保险业中的保险合同基本上都采用格式合同的形式,而保险合同又不可避免的包含免责条款,从而对于免责条款的效力又成了保险纠纷中争议最多的问题,所以为促进保险业健康、和谐、有序发展,对免责条款如何订入保险合同,使其成为保险合同的一部分,在我国的保险立法与实践中仍有待进一步完善。

Currently insurance contracts are most standard form of contracts, and insurance contracts inevitable include exclusion clauses, but the effect of exclusion clauses in the insurance contract disputes have remained controversial. Therefore promoting soundly, orderly and harmoniously development the ex- clusion clauses that how to have moved into a insurance contract are deemed to be construed as part of this contract should be further improved in the internal legislation and practice of insurance.