购房按揭强制保险探析

银行为了保全债权,往往要求借款人购买购房"按揭"保险。实践中,借款人投诉不断,认为该保险是强制保险。孰是孰非,莫衷一是。从司法的视角看,应从缔约自由、选择相对人自由、内容自由、变更和解除的自由、方式自由等五个方面审查购房按揭强制保险购房人的契约自由是否受到侵害。但是购房按揭保险即便是强制保险其效力也不能一概而论。从各方利益衡平的角度看,应该直接给投保人赋予对购房按揭强制保险的撤销权,才能杜绝购房按揭强制保险的发生。

On the Compulsory Insurance for House Purchase Installment

In order to preserve creditors' right, banks tend to require purchasers to buy insurance for the house purchase installment. Practically, purchasers make constant lawsuits, and suppose the insurance be compulsory. These contradictory views vary, no decision can be reached. Legally speaking, we should look into whether the insurance infringes on the contracting freedom of the purchasers' from the following five aspects: free to contract, free to choose the other party, free to choose the content of a contract, free to alternate and terminate the content of contract, free to choose ways and means of contracting. However, even though the insurance is compulsory, the effects can not be lumped together. From the balanced interests of both parties, that the right of rescinding the insurance should be directly entrusted to the buyers can hardly help put an end to the compulsoriness.