论投保人缴纳保费或保险公司签发保单附条件条款的法律效力

The force adeffect of the collateral condition that insured paying premiums or the insurer issue policies

我国保险实践中普遍将投保人缴纳保费或者保险公司签发保单作为保险合同的成立、生效或者保险责任开始的条件。但该条件不是新《保险法》规定的附条件保险合同所指的条件。同时该附条件条款赋予了保险公司对要约进行承诺时或者履行合同义务时不受时间限制的权利,该附条件条款因不具有合理性应为无效合同条款。

It has become a common practice that the conclusion of an insurance contract is based on the condition that the insured pays the premium or the insurer signs off the policy, which is also when an insurance contract comes into force and the coverage of risks commences. However, these are not the conditions stipulated by the new Insurance Laws for conditional insurance contracts. And they authorize insurers not to be bound by a time limit when deciding whether to accept the insurance application or to perform the duties of insurance contracts. These conditions should be voided due to its irrationality.