新《保险法》第49条的修订与完善探析

A Probe into the Amendment of Article 49 of the New "Insurance Law" and Its Improvement

新《保险法》第49条对财产保险的保险标的转让条款做了大幅修改,其特点是顺应国际保险业的发展趋势和国际立法趋势,着重考虑保护让与人与受让人的利益。笔者在此就新旧法条的不同之处进行阐述与评论,并就其中标的转让对合同效力的影响问题和新《保险法》下通知义务的效力问题进行相关法理分析,最后对其不完善之处提出建议,以期深入理解新保险法下财产保险转移的相关条款及其对保险活动的指导意义。

The 49th clause about the transfer of subject - matter has changed greatly in the new Insurance Law, Its main feature is comforming with the international insurance development and legislation trend, the interests of both the transferor and transferee being emphatically considered. In order to better understand the clauses about subject -matter transfer and its practical significance, the author expounds and comments the differences existed in the new Law, makes jurisprudential analysis on the contract validity of subject - matter transferring and information obligation in new Insurance Law, finally, the paper puts forward several suggestions for some flaw.