|
|
|
No. 1 of Three Representative Cases Involving Insurance Contract Disputes Issued by the Supreme People's Court: Wang [REDACTED] v. [REDACTED] Life Insurance Co., Ltd. — Legal consequences of signing an insurance contract on behalf of another person (Personal insurance contract dispute)
|
|
最高人民法院公布三起保險合同糾紛典型案例之一：王某訴某人壽保險股份有限公司人身保險合同糾紛案——保險合同代簽名的法律后果
|
|
【法寶引證碼】
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| No. 1 of Three Representative Cases Involving Insurance Contract Disputes Issued by the Supreme People's Court: Wang [REDACTED] v. [REDACTED] Life Insurance Co., Ltd. (Personal insurance contract dispute) | | 最高人民法院公布三起保險合同糾紛典型案例之一：王某訴某人壽保險股份有限公司人身保險合同糾紛案 |
| —Legal consequences of signing an insurance contract on behalf of another person | | ——保險合同代簽名的法律后果 |
| [Key Points] | | 【要點提示】 |
| An insurance applicant should personally affix his signature or seal when he enters into an insurance contract. Where the insurance salesperson affixes a signature on behalf of the insurance applicant, and the insurance applicant has paid insurance premiums, the insurance applicant is deemed to have subsequently ratified the signature on his behalf. | | 投保人在訂立保險合同時應當親自簽章。保險業務員代為簽字，但投保人已經交納保險費的，視為其對代簽字行為的追認。 |
| Applicable provisions of Interpretation II: Paragraph 1 of Article 3: Where, when entering into an insurance contract, the insurance applicant or the agent thereof does not personally affix his or her signature or seal to the contract, and the insurer or the agent thereof affixes a signature or seal to the contract on behalf of the insurance applicant or the agent thereof, the contract is not effective to the insurance applicant. However, if the insurance applicant has paid the insurance premiums, he or she is deemed to have subsequently ratified the signature or seal affixed on his or her behalf. | | 《解釋（二）》涉及條款：第三條第一款投保人或者投保人的代理人訂立保險合同時沒有親自簽字或者蓋章，而由保險人或者保險人的代理人代為簽字或者蓋章的，對投保人不生效。但投保人已經交納保險費的，視為其對代簽字或者蓋章行為的追認。 |
| [Brief Facts] | | 【簡要案情】 |
| ．．．．．． | | ．．．．．． |
Dear visitor,you are attempting to view a subscription-based section of lawinfochina.com. If you are already a subscriber, please login to enjoy access to our databases . If you are not a subscriber, please subscribe . Should you have any questions, please contact us at:
+86 (10) 8268-9699 or +86 (10) 8266-8266 (ext. 153)
Mobile: +86 133-1157-0713
Fax: +86 (10) 8266-8268
database@chinalawinfo.com
| |
您好：您現在要進入的是北大法律英文網會員專區，如您是我們英文用戶可直接 登錄，進入會員專區查詢您所需要的信息；如您還不是我們 的英文用戶，請注冊并交納相應費用成為我們的英文會員 。如有問題請來電咨詢；
Tel: +86 (10) 82689699, +86 (10) 82668266 ext. 153
Mobile: +86 13311570713
Fax: +86 (10) 82668268
E-mail: database@chinalawinfo.com
|
| | | | | | | | |
|
|
|
|
|
|
|
Message: Please kindly comment on the present translation.
|
|
|
|
|
|
|
|
|
Translations are by lawinfochina.com, and we retain exclusive copyright over content
found on our website except for content we publish as authorized by respective copyright
owners or content that is publicly available from government sources.
Due to differences in language, legal systems, and culture, English translations
of Chinese law are for reference purposes only. Please use the official Chinese-language
versions as the final authority. lawinfochina.com and its staff will not be directly
or indirectly liable for use of materials found on this website.
We welcome your comments and suggestions, which assist us in continuing to improve
the quality of our materials.
|
|
| |
|
|