论保险合同的法定解除与终止

On the Statutory Dissolution and Termination of Insurance Contract

保险合同的法定解除制度是保险合同法中的重要制度。我同现行立法却存在诸多弊端,主要是解约原因过于泛化,把本属于合同终止的内容统归法定解除制度涵摄。本文欲从溯及力角度对保险合同终止与法定解除之间的关系作一逻辑清理,并在参考主要发达国家保险立法的基础上,提出若干立法建议。

The statutory dissolution of insurance contracts is a significant institution of insurance contract law. But at present there are many defects in the relevant legislation in China, that is, the excessive extension of the dissolution , the result of which is that some contracts that should be terminated by contract are included in the category of statutory dissolution. This article is to make a logical review of the relationship between termination and dissolution from the view of retroaction, and to make some rationalization proposals for legislation on the basis of referring to insurance legislation cases from the main developed countries and areas.