保险合同成立与生效特殊问题研究

On Special Issue of the Formation and Going into Effect of Insurance Contracts

保险合同在成立与生效问题上存在特殊规则,其要约的提出者既可以是投保人,也可以是保险人。对无须核保的保险合同,保险人收到要约时,承诺即生效;对需要核保的保险合同,保险人核保完成时承诺才生效。如保险合同附有生效条件,保险人负有说明义务,并且,保险责任开始既可以早于保险合同生效,也可以晚于保险合同生效。

The formation and going into effect of insurance contracts have some special rules.People who bring forward offer could be applicant or insurer.For insurance contracts which needn＇t underwrite,the acceptance will go into effect as soon as the insurer receives the offer.For insurance contracts which need to underwrite,the acceptance will go into effect after the insurer finishes the underwriting.If the contracts have some efficient conditions,the insurer should explain the conditions.The beginning of insurance obligation could be before or after the contract goes into effect.