论人身保险合同订立中保险人的答复义务

The Insurer's Duty to Speak When to Sign Personal Insurance With the Insurant

人身保险合同订立中 ,作为要约书面形式的投保书通常未标明有效期限 ,为合理分担合同未成立前的风险 ,保证交易的安全 ,实现当事人间利益的平衡和社会正义 ,应当强制保险人在法定时间或合理期限内答复 ,而无论承诺与否 ;否则 ,即构成默示承诺。

When to sign the personal insurance contract, the term of validity is always not given in a clear way in the insurance slip which is regarded as a kind of written contract. In order to assign the risk reasonably and to protect the profit of insurer and insurant, the insurer should be enforced to answer during the legal time limit or reasonable time limit whether the insurer promise to undertake or not, otherwise it will make up the silence is acceptance rule.