代签名人身保险合同效力的认定与道德风险防范

Identifying the Effect of Life Insurance Contract With an Agent Signature and Moral Hazard Prevention

在保险代理人代投保人签名的保险合同中,以保费支付与否作为合同生效标准,可以有效预防各方道德风险;在投保人代被保险人签名的保险合同中,除适用民法中的代理制度认定保险合同的效力外,还应加强对保险人道德风险的防范,主张保险人应当对被保险人承担人身损害赔偿责任。

In the insurance contracts signed on behalf of an agent,in preventing moral hazard,whether the premium has been paid can be regarded as a standard that the contract has taken effect.In an insurance contract signed by an insurance applicant on behalf of the insured,the effect of the insurance contract can be identified by the agency system in the civil law.In addition to this,the author also highlighted the moral hazard prevention to the insurance applicant in this article,claimed that the insurance applicant should bear the liability for personal injury of the insured.