保险保证条款的法律控制

我国保险法没有规定保险保证是重大的制度缺失,而在最大诚信原则之下来加以理解则是认识观念上 的严重偏差。保险保证是限制交易风险的有效手段,但也有被保险人滥用的可能。应立足于投保人利益保护,建 立保险保证的限制制度。

On Legal Control Over Warranty Terms in Insurance Contracts

Warranty terms, the effective means by which insurers use to define the object of dealing and protecting against the dealing risk, are often misused by insurers. The lack of warranty in our insurance law is an institutional default, while discussing it in the view of utmost good faith misleads our understanding of it. We should reform warranty institution by introducing rules such as the rule giving the insured the right to demur and deliquesce contract within one period after receiving insurance policy.