| As people living standard rising, they are also increasingly strongly desire to survive. Life insurance contract came into being. Life insurance system development is relatively perfect in developed countries. Although the development of life insurance system more rapidly in our country, it began very late. Relative to property insurance contract, National insurance law experts on personal insurance contract, especially life insurance contract research is shallow. Since the special of insurance object of life insurance contract, huge of insurance premiums and so on, there is no consistent understanding on effective time and effective conditions of life insurance contract etc in various countries, so there are no specific uniform standards to measure in judicial practice. In insurance business, insurer often makes insurant or beneficiary can not get the appropriate insurance on the ground of life insurance contract invalid. Therefore, It can not achieve the purpose of compensate the risk loss to policy-holder and this is contrary to policy-holder to share risk insurance to enter into life insurance contract. While in China's judicial practice, Basically, The judicial authorities in the principle of protecting the weak reach a verdict against the insurer. The formation of these two extremes, the most fundamental reason is that there is no uniform standard in the law for insurance contract effective elements. Insurance contract is a form of contract, in theory, Insurance contract effective elements should conform the provisions of general contract effective elements. However, life insurance contract also has its own particularity. Hence, it needs "Insurance Law "clearly provides the effective elements of life insurance contract.Life insurance contract general effective elements should include: First, Both parties of contract are eligible subjects, especially need to pay attention to appropriately expanded subject scope of life insurance contract which pay insurance premiums because of dead. The legal guardian should be become the subject life insurance contract which pay insurance premiums because of dead for minors. Second, both parties agree main content, mainly should include inform obligation on the subject, the scope and the object. Third, the content of life insurance contract should not violate laws and administrative regulations mandatory. Life insurance contract special effective elements should include: First, The "potential danger exist "should be clearly written into life insurance contracts as special effective elements. Second, introduce the excess insurance and repeat insurance into life insurance contract. Refer to the "Insurance Law"relating to Article 55, 56 about excess insurance and repeat insurance. Third, clearly stipulates that pay for insurance premium is not insurance contract special effective element. If the parties enter into an insurance contract, clearly write "pay for insurance premiums as the insurance contract effective element" as contract content, the provisions are additional terms agreed by the parties. Life insurance contract is a contract with entry into force of the insurance contract. Only after policy-holder pays insurance premium, Insurance contract can enter into force. The parties may agree that Insurance contract premiums paid as an effective element.Life insurance contract is closely related with human life, clear life insurance contract effective element can make judicial authority has clear judgments basis. Reasonable life insurance contract effective element can also balance interest between the insurer and the insured and play the role in life insurance contract. However, our revised"Insurance Law"in 2009 about provisions of life insurance contract effective element is still not perfect, even exist unreasonable provisions. Therefore, it is imperative that improve and clear that the life insurance contract effective element. |
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