被保险人同意与保险合同之效力

保险利益概念在财产保险合同与人身保险合同中有着不同的意义和功能,两者不能统一适用.即使立法者在通过立法将其概念统一规定在保险合同法总则部分,以求在财产保险合同与人身保险合同中贯彻保险利益概念的适用,而在法律的实际适用中亦须对财产保险利益与人身保险利益作不同的解释.我国现行保险法对被保险人同意的相关规则存在缺失,须考虑被保险人同意的具体行使类型与保险合同效力的关系,并根据保险合同利益配置准则来缓和对合同效力的否定.

Insured Approval and the Effect of the Insurance Contract

The concept of insurance benefits contains different meaning and function in property insurance contract and personal insurance contract,and so can't be used in the same way,even it was stipulated in general part of Law of Insurance Contract.We should also make different law explains to the personal insurance benefits and the property insurance benefits.According to the provisions of the current insurance law in our country,whether the insured approval is the standard to judge the personal insurance benefits in existence or not.The related rules of the insured agreement in current insurance law in our country are imperfect.Must consider the relation of a specific insured approval type with the insurance contract effect,and on the basis of the allocation principle of insurance contract benefits to mollify the negative effect of the contract.