An insurance contract is an agreement between the policyholder and the insurer to agree on the relationship of rights and obligations. It is a type of contract and has the general attributes of a contract. First of all, an insurance contract should be concluded through voluntary negotiation between the insured and the insurer and is a legal act of both parties. Second, the insured and the insurer have equal legal status. No matter whether the insured is an individual, a legal person, or another organization, there is no distinction between the insurer and the insurer. The content of the contract must fully reflect the will of both parties. In addition, the insurance contract must be a legal act, and the parties to the insurance contract must be persons with civil capacity.
In addition to the general attributes of contracts, insurance contracts also have their characteristics. First, the insurance contract is a fortune contract or a chance contract. The effect of such a contract is uncertain at the time the contract is concluded. This is because the occurrence of an insured accident is contingent. In an insurance contract, the insured obtains an opportunity to obtain compensation in the future at the cost of paying the insurance premium, while the insurer is subject to compensation for possible future losses. , in exchange for the possibility of collecting insurance premiums free of charge. The party who pays the price may end up with a lot of money or nothing. Of course, an insurance contract is a fortune-telling contract, which refers to a single specific insurance contract. If we look at the overall situation, the relationship between the insurance premium and the amount of compensation is calculated based on probability. The right to receive indemnity and pay insurance benefits is affirmative. Second, the insurance contract is a contract of attachment. When this kind of contract is concluded, one party proposes the content of the contract, while the other party can only choose between agreeing or not agreeing. The format and main clauses of an insurance contract are determined by the insurer or the insurer’s group or the competent government department. On this basis, each insurer can also determine the conditions of underwriting according to its underwriting ability, and stipulate the specific rights and obligations of both parties. , that is, to specify the specific content of each clause. The insured only needs to decide whether to agree or not, that is, either accept the conditions put forward by the insurer, or not sign a contract. The formation of this feature of insurance contracts is that with the rapid development of insurance business, the procedures for concluding insurance contracts are required to be simplified as much as possible to facilitate the insurer and the insured; at the same time, the management of insurance contracts is required to be strengthened to protect the insured and the insured. Interests. Third, the insurance contract is the greatest good faith contract. The conclusion of an insurance contract, whether the insurer will cover it, and the determination of the premium rate depends to a large extent on the information provided by the insured to the insurer. status, etc. The insurer often conducts necessary on-the-spot investigations based on the relevant situation and information provided by the insured and then decides whether to underwrite and further determines the insurance rate. Therefore, an insurance contract should have a higher degree of integrity than a general contract, and it is a contract of maximum integrity. Both parties must pay attention to good faith when concluding an insurance contract, and no fraud or deception is allowed. Fourth, the insurance contract is a paid contract. Compensation of insurance contracts is different from general equivalent compensation. The rights of the parties to the insurance contract in the contract are conditional on paying a certain price. The policyholder pays the premium to obtain the insurer’s commitment After the agreed insured accident occurs, it shall bear the corresponding compensation or payment responsibility. The insurer obtains corresponding and reasonable remuneration by protecting the insured. Fifth, the insurance contract is a two-way contract. The parties to such a contract enjoy each other’s rights and obligations to each other. In the insurance contract relationship, the insured must pay the insurance premium to the insurer according to the contract, which is its obligation; the insurer accepts the insurance premium and is responsible for compensation or payment of insurance money as stipulated in the contract. The rights and obligations of the policyholder and the insurer are interlinked, not unilateral. Sixth, the insurance contract is essential. This feature is reflected in the fact that the insured and the insurer can conclude an insurance contract, and cannot take any arbitrary method, but must use the method stipulated by law to record the matters stipulated by the law, otherwise, the validity of the insurance contract will be affected.