人身保险合同生效之有关问题探析——由一寿险理赔案说起

Analyze on Relative Questions about the Life Insurance Contract’s Validity——Mention a Life Insurance Case

保险费已缴保险单未签而这份人身保险合同是否成立并生效,其分歧焦点在于对保险单在保险合同中的法律性质以及人身保险合同的成立生效要件的认识差异。这是保险业界与学界常常遇到且颇有争议的一个问题。从目前各国的立法趋势与实践看来,这一问题正逐渐明朗化。文章从保险单、保险费和身体检查三个方面对人身保险合同生效问题进行分析,以期能较为清晰地认识人身保险合同之生效的有关法律问题。

The insurance premium has given but the insurance policy not to sign, this life insurance contract (LIC) whether establishes and becomes effective? Its focus lies in to the insurance policy becomes effective the important document understanding difference in the insurance contract legal nature as well as the LIC establishment. This is quite has the dispute frequently a question. Looked like from the present various countries legislation tendency and the practice that, this question is clarifying gradually. The article from the insurance policy, the insurance premium and the health examination three aspects to analysis the LIC becomes effective, by the time can clearly know the LIC becomes effective related legal matters.