责任保险合同中保险人不应承担无明确约定之连带责任

The insurer needing not to undertake the joint and several liabilities not explicitly agreed in liability insurance contract

责任保险合同中被保险人往往基于他人的侵权行为而承担连带责任,在保险合同并未明确约定的前提下,该连带责任应否属于保险人的承保范围,对此存在不同的观点。赞成的观点认为,保险人承担该连带责任有利于对受害人的损失进行及时充分的赔偿,与社会主义法治精神相契合;反对的观点则认为,保险合同中并未明确约定该连带责任,也没有相关法律依据,保险人承担该连带责任无法理基础。运用比较研究和历史研究等方法,从合同相对性原则、合同内容的可期待性、当事人间权责平衡等方面对这两种不同观点展开讨论并得出结论:保险人应只对由于被保险人的行为造成的损失承担赔偿责任,该责任范围不包括被保险人对他人侵权行为的连带赔偿责任。

The insured in liability insurance contract often bear the responsibility because of the tort for others.On the premise of not explicitly agreed in the insurance contract,whether the joint and several liabilities should fall within the scope of the insurer underwriting or not？There are different views in theory and practice.People who agree that the insurer should bear the responsibility think that it can be better for the victim＇s compensation.They also think the purpose of insurer bearing the responsibility is in line with the spirit of the socialist rule.People with opposite opinion think that there is no explicit agreed liability insurance contract,and they have no legal basis.Combined with the privity of contract,the principle of legitimate expectation,the balance of rights and liabilities,by analyzing the pros and cons for insurer bearing not expressly agreed joint and several liabilities,the athor thinks that in the liability insurance contract,the insurer does not need to bear the joint and several liabilities.