短期出口信用保险合同相关问题研究

A Study on the Establishment and Effectiveness of Short-term Export Credit Insurance Contract and the Commencement of Cover

因承保标的及业务操作流程的相对特殊及复杂性,短期出口信用保险合同的成立、生效和保险责任起始也并不完全一致,其中保险责任起始问题更是直接关系投保人利益。但目前在实务中,相关保险合同对这一问题的约定并无明确及统一的标准。结合所承保的贸易交易实际及信用险操作实务等各方面因素综合分析,宜将短期出口信用保险责任的起始点统一界定为"交货日期",以便更好地明晰保险双方权责。

Because of the relative uniqueness and complexity of the insurance object and business process,the establishment of contract, the effectiveness of contract, and the commencement of coverage in the short-term export credit insurance contract are not identical. Among them, the commencement of coverage is directly related to the policyholder＇ s interests. But at present, there is no unified and clear standard towards these three concepts in current export credit insurance contract. Based on the comprehensive analysis about international trade transactions and insurance practices and various other factors, the author suggested that in order to clarify the rights and responsibili- ties between the policyholder and insurer, the concept of the commencement of coverage should be clearly defined as ＂time of delivery＂.