合同约定决定人身保险合同的效力

当投保人在人身保险合同宽限期期满时仍未能缴纳当期保险费的,合同效力有两种可能性。这两种可能性到底会发生哪一项,不是由保险人单方决定,而是由保险合同当事人的约定来决定。如果投保人和保险人在合同中已经约定减少保险金额的相关条件,保险人就应依照约定条件减少保险金额以维持合同效力;如果双方并未在合同中约定此类事项,则其法律后果只能是合同效力中止。这符合平等原则和意思自治原则的内在要求。

Contract stipulation determines contract effectiveness of life insurance

When insurers still do not pay insurance fees after grace period of life insurance contract,legal effect of contract has two possibilities.Insurers alone can not determine which one is correct.If policy holder and insurer have determined the related condition to negotiate to decrease insurance fees in contract,the insurer should decrease insurance fees to protect contact effect according to the condition.If both parties do not negotiate the related condition,the legal result is to end contract effect,which accords with the requirement of principle of equality and principle of autonomy of the will.This is not proper understanding of the rights of concerning parties.Although the law defines that these insurance contracts have two possibilities,insurers do not have right to freely choose which one and the possibility should be decided by the contract.