论保险合同的有利解释原则

On the Principle of Preferential Interpretation in Insurance Contract

保险合同解释的有利解释原则产生和存在的原因 :一是私法的公平原则 ,二是法律在商事行为中对弱势一方的特殊关照。保险合同的解释是在对合同条款产生争议后发生 ,其在事先对事后情形的考量和预知难免不周全 ,故而有利解释原则的弹性条款就有了生存空间。有利解释原则地位重要 。

The formation and existence of the principle of preferential interpretation in insurance contract derives from two reasons, one is the fairness principle of civil law, and the other is that the law takes care of the weak party in commercial act specially. The interpretation of the insurance contract implies that the interpretation of terms in dispute should be preferable to the insurance, the consideration of the surroundings before the accidence isn't enough, so there exists such an elastic preference interpretation of insurance contract. Though the principle of preferential interpretation is very important, we should recognize the limitation of the principle and its application form.