Category: Insurance tips Release Date: 2006-08-01
Personal insurance contract, requiring the parties to the content of the contract to obtain a consensus. General requirements through the contracting proposal (offer) and the acceptance of the proposal (commitments), the two main steps. Specifically, the parties entered into a contract proposed by the other party a direction of the recommendations and requirements of the offer, unless expressed the hope that the desire and determination to contract outside; also the statutory requirements must be clearly stated the main provisions of the contract so that the other party is willing to consider whether to accept this the proposed contract shall be an offer. The other parties to the other party shall be committed to offer full consent. Entered into a contract of life insurance is to go through two procedures offer and acceptance. Usually filled first be insured or the insurer's prior applications for insurance cover in respect of income, the insurer through the review concluded that the first phase could receive insurance coverage and insurance policies issued after the contract is was set up.
Offer and commitment is a legal act, as a legal act is necessary according to China's "Civil Law" Article 55 stipulates that the three conditions: First, the perpetrator has a corresponding capacity for civil conduct; 2, meaning that the true; 3, non - violation of the law or to the socialist public interest, to be implemented. This requires that the parties should have the capacity for civil conduct, and to under the "Economic Contract Law" Article 4 provides that a contract must abide by national laws, national policies and plans must be regulations to require that any unit or individual shall not use contract law activities detrimental to national interests and social public interests, and reap illegal income. One of the life insurance is particularly important one, meaning that the real demand, only the meaning of that truth, can only occur ideographic people want results. Fortunately, the contract right as the shot personal insurance contract, with particular emphasis on "express the true meaning of" sex, meaning that if true, that is untrue inform the insurance policyholders who misjudged the commitments made, the insurer can withdraw due to fraud while for the meaning of that law to lift the constraints of their own. Here, life insurance even if no formal laws and regulations, but may refer to "property insurance contract regulations," the spirit of the insured, such as the main danger not to declare or has concealed, or makes a false declaration, the insurance side the right to terminate the insurance contract or live insurance liability payments. Accordingly, the insured in the offer, it must fulfill the obligation to truthfully inform.
Must fulfill the obligation of disclosure and the general provisions of the insured, but in terms of the life insurance, for insurance, the subject matter (that is, the insurance people) situation, the most understanding of the insured person than I am, therefore, the insured person has to bear notification obligation. As for what kind of content must be told, often use "important matters" or "important matters" as a matter should be held in this, so this scope is not unlimited, and sometimes a "written interrogatories" approach, and only after the insured or the insurer on the insured application or physical examination recorded in the book's inquiry, the matter honestly informed that, as has fulfilled this obligation involved. Inform the evasion with the trap can be said that the two aspects of things, this is positive, while the hide is negative, the insured in the offer, they must take positive actions to avoid incurring the consequences of breach of this obligation.
Of course, this obligation is not limited to the insured, it should be said that the insurance obligations of the parties are informed. In the contracting process, the insurers should be to discuss the contents of the insurance-related inform the insured parties, in particular, clearly described the basic provisions of the insurance type and insurance. If the lack of explanations in advance so that the insurance did not understand the basic provisions of the insured because of the content, do not understand those who should bear the responsibility of the insurer will have a lot of disputes. For example, simple life insurance provisions, the insured person Paying less than a year, the insurance for less than a full year have to surrender and can not receive insurance payments, even if more than one full year have to surrender, and can also receive the surrender payment is often less accumulated in the past has paid insurance premiums. The insurer in the insured before the insurance savings, but tend to emphasize the factors that enable the insured to participate in the insurance that is misinterpreted as equivalent to savings, because now it can not get back early surrender of principal, resulting in dissatisfaction. To this end, insurers apply for insurance policyholders should also be made clear to the other important issues, especially the insurance conditions must be detailed. However, this means the insured person can take different forms, such as give an oral explanation, or written material distributed to the insured, or you can preach the General Assembly. In short, regardless of what methods could be taken as the insurer has complied with this obligation. Therefore, as the need for insurers to provide policyholders a variety of information including the contents of the issue of insurance certificates must be given sufficient attention in order to avoid loss of the original desired protection.
After the offer, the insurer of the insured's insurance application for examination, before deciding whether or not insured. The reviews will cover the risk of body-centered medical examination, as well as economic, moral, and reputation and the affairs of the review as the center. Approved by the insurer underwriting and collect the first premium, accepted the proposal (commitment), the contract shall set up.
Personal insurance contract in writing entered into a written contract documents: insurance, insurance application, reinstate the application, physician medical certificate or medical reports, insurance policies issued to change or supplement the contract documents, as well as other interested parties through consultations modify the contract documents, telegrams and so on.
