An insurance contract is an agreement between the policyholder and the insurer to agree on the relationship between insurance rights and obligations. An insured is a person who has concluded an insurance contract with an insurer and is obliged to pay insurance premiums by the insurance contract. An insurer refers to an insurance company that concludes an insurance contract with the insured and undertakes the responsibility of indemnifying or paying insurance money.
A contract is an agreement on the establishment, modification, and termination of civil rights and obligations between natural persons, legal persons, and other organizations that are equal subjects. An insurance contract is a type of contract. It is an agreement between the policyholder and the insurer to agree on the relationship between insurance rights and obligations. It is the most basic legal form of insurance activities. According to the stipulations of the insurance contract, the insured shall pay the insurance premium to the insurer, and the insurer shall be liable for indemnifying the property damage caused by the occurrence of the possible accident as stipulated in the contract, or in the event of the death or injury of the insured. disability, disease, or when the contractually agreed age and time limit are reached, the obligation to pay insurance benefits is assumed, and this agreement constitutes the basic insurance rights and obligations relationship between the insured and the insurer.
Since an insurance contract is a type of contract, it has the general attributes of a contract. For example, the legal status of the parties is equal, and the principles of fairness and mutual benefit, consensus, and voluntary conclusion should be followed. The content of the contract should be legal, and the parties should consciously perform the contract. However, in addition to the general attributes of a contract, an insurance contract also has its own legal characteristics: first, an insurance contract is a two-way contract in which both parties to such a contract enjoy mutual rights and have obligations to each other; second, The insurance contract is a fortune contract, the effect of which is uncertain at the time of conclusion, and the actual performance of the insurer’s indemnity obligation is contingent; Proposing the content of the contract, the insured can only make a choice of agreeing or disagreeing, so it is also called a standard contract or a standard contract; fourth, an insurance contract is a contract of maximum good faith, and good faith is the basic requirement of a general contract, while the insurance contract requires It is not the general relative honesty and trustworthiness, but the maximum honesty and trustworthiness; Fifth, the insurance contract is an essential contract, and the insured and the insurer can conclude an insurance contract, not in an arbitrary way, but in the way prescribed by law. Record the matters stipulated by law; Sixth, property, and liability insurance contracts are compensatory contracts, that is, as long as the loss is within the scope of the insurance amount, how much is the loss, how much is the compensation, there is no strict comparison between the payment of insurance money and the delivery of insurance premiums The life insurance contract is a payment contract, that is, an insurance amount is determined according to the actual needs of the insured and the ability to pay the insurance premium. When a dangerous accident occurs, the insurer shall pay the insurance according to the pre-agreed insurance amount. Gold responsibility.
The so-called policyholder, also known as the proposer, refers to the person who concludes the insurance contract with the insurer and is obliged to pay the insurance premium in accordance with the insurance contract. The insured is one of the indispensable parties to any insurance contract, it can be either a natural person or a legal person. The insured should meet the following three conditions: first, the insured must have the corresponding rights and capacity, otherwise, the insurance contract concluded will not take effect; second, the insured must have an insurable interest in the subject of insurance, that is The subject matter of insurance has legally recognized interests, otherwise the insured cannot enter into an insurance contract with the insurer. The insured shall be obliged to pay the insurance premium, regardless of whether the insured enters into an insurance contract for his own benefit or for the benefit of others, he shall bear the obligation to pay the insurance premium.
The so-called insurer, also known as the underwriter, refers to an insurance company that concludes an insurance contract with the insured and undertakes the responsibility of indemnifying or paying insurance money. As the policyholder, the insurer is also a party to an insurance contract, and it has the following three legal characteristics: First, the insurer is the organization, management, and user of the insurance fund, and it establishes an insurance fund to operate insurance by collecting insurance premiums In the event of an insured accident, the insurer performs the liability for compensation or payment of insurance money according to the insurance contract; secondly, the insurer is the person who performs the obligation to compensate losses or pay the insurance money. This obligation of the insurer is not due to tort or breach of contract It is based on the obligations determined by law or insurance contract; thirdly, the insurer should be an insurance company established in accordance with the law and allowed to operate insurance business. Since the insurance business involves the interests of the public, the establishment of an insurance company to operate insurance business must meet statutory conditions, obtain the approval of the national insurance regulatory agency, obtain the insurance business license, and register with the industry and commerce administrative department to obtain the business license.
Article 11 When an insurance applicant and an insurer conclude an insurance contract, they shall follow the principles of fairness and mutual benefit, consensus through consultation, and voluntary conclusion, and shall not harm social and public interests.
Insurance companies and other entities may not force others to conclude insurance contracts, except for those required by laws and administrative regulations.
[Interpretation] This article is about the basic principles that should be followed in the conclusion of insurance contracts and the provisions on compulsory insurance.
The conclusion of an insurance contract by the parties is a civil legal action. The provisions of the basic principles of civil activities in my country’s civil law should be applied to the activities of concluding an insurance contract. For example, the conclusion of an insurance contract must follow the principles of legality and good faith. In addition, according to the characteristics of insurance contracts, in order to fully protect the legitimate rights and interests of the parties involved in insurance activities, this article specifically stipulates the following basic principles that the policyholder and the insurer should abide by when entering into an insurance contract: