What is the invalidity of an insurance contract and what are the types of invalidity of an insurance

Article 52 In any of the following circumstances, the contract shall be invalid.

1) One party concludes a contract by means of fraud or coercion, harming the interests of the state;

2) Malicious collusion, harming the interests of the state, the collective, or a third party;

3) Concealing illegal purposes in a lawful form;

4) Harming the public interest;

5) Violating mandatory provisions of laws and administrative regulations.

An invalid insurance contract has the following characteristics:

1. Illegality. It refers to the violation of the mandatory provisions of laws and administrative regulations and the public interest.

2. There is non-performance. Non-performance means that after entering into an invalid insurance contract, the parties shall not actually perform according to the contract, nor shall they bear the liability for breach of contract for non-performance of the contract.

3. The invalid insurance contract is invalid from the beginning. Invalid insurance contracts violate the provisions of the law and are not recognized and protected by the state.

Once it is confirmed that it is invalid, it will have retroactive effect, so that the contract is not legally binding from the date of conclusion and cannot be converted into a valid contract in the future. Where performance has already been made, the property of the parties shall be restored to the state before the conclusion of the contract by means of returning the property, compensating for the discount, compensating for losses, etc.

Hello, I. What is the invalidity of an insurance contract?

The invalidity of an insurance contract means that although the contract has been concluded, it has no legal effect.

2. What are the types of insurance contract invalidity?

According to different factors, the invalidity of a contract can take the following forms:

1. Invalidity and invalidity of the agreement.

According to different reasons, there are two types of invalidity: contractual invalidity and statutory invalidity. The invalidity of the agreement shall be arbitrarily agreed upon by the parties to the contract. As long as the agreed reasons arise, the contract is null and void.

Statutory invalidity is expressly stipulated by law. The contract is null and void as soon as the reasons for invalidity provided for by law arise. The insurance laws of various countries generally stipulate that an insurance contract is invalid if one of the following conditions applies.

1) The contract is concluded by another person without declaration.

2) Malicious duplicate insurance.

3) Death insurance without the consent of the insured in life insurance.

4) The real age of the insured in life insurance has exceeded the age limit set by the insurer.

2 Invalid and partially invalid.

According to different scopes, there are two types of invalidity: total invalidity and partial invalidity. The total invalidity means that the insurance contract is invalid at all, and the above situations are all invalid; Partial void means that only one part of the insurance contract is invalid and the rest is still valid. In the case of bona fide excess insurance, the portion of the sum insured in excess of the insured value is invalid, but the portion within the sum insured value limit is still valid.

For example, in life insurance, if the age of the insured does not match the insurance policy (as long as it does not exceed the limit of the insurance age specified by the insurer), the insurer pays the insured amount according to the actual age of the insured, which is also partially invalid.

3 Invalidity and invalidation ab initio.

According to the division of time, there are two types of invalidation: invalidation and invalidation. Ab initio invalidity means that the contract does not meet the conditions for taking effect from the time it is established, and the contract does not take effect from the beginning; Invalidation means that after the contract is formed, the contract is invalid for some reason. If the insured loses the insurance interest in the subject matter of the insurance, the insurance contract will be invalid.

Invalidation does not require an expression of intent by the parties, as soon as the cause of invalidation arises, the contract loses its validity.

If more details could be given, more detailed information could be made.

The circumstances under which the insurance contract is invalid are as follows: 1. The policyholder does not have an insurance interest in the subject matter of the insurance; 2. Insurance contracts that violate national interests and social welfare; 3. The insurance contract of the subject matter of Biyu insurance is illegal, etc. All of the above contracts are invalid insurance contracts.

According to article 157 of the Civil Code, after a civil juristic act is invalid, revoked, or it is determined that Hanling is not effective, the property obtained by the actor as a result of the act shall be returned; where it cannot be returned or it is not necessary to do so, compensation shall be made at a discounted price. The party at fault shall compensate the other party for the losses suffered thereby; Where all parties are at fault, they shall each bear corresponding responsibility. Where the law provides otherwise, follow those provisions.

Legal analysis: There are three main types of invalidity of insurance contracts: invalidity of agreement and invalidity of simplified law, invalidity of all and part, and invalidity and invalidity ab initio. Invalidity of an insurance contract means that the insurance contract has been signed, but it does not have any legal effect.

The reasons for the invalidity of the insurance contract include the unqualified subject of the contract, the untrue intention of the parties, the illegality of the waiter's body, and the illegality of the content.

Legal basis: According to Article 143 of the Civil Code of the People's Republic of China: [Conditions for the validity of civil juristic acts] Civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good morals.

Legal analysis: There are several forms of invalid contracts: 1. The subject of the contract is unqualified, and the unqualified subject refers to the qualifications of the insurer, policyholder, insured, beneficiary or insurer who do not meet the requirements of the law.

2. The parties' intentions are untrue. 3. The subject matter is illegal. If the policyholder or the insured has no insurance interest in the subject matter of the insurance, the insurance contract concluded by it is invalid 4 and the content is illegal.

If the insured person's insurance is illegal, such as violating the national interest and social public interest, violating the mandatory provisions of the law, etc., it will lead to the invalidity of the collegial and implicit agreement.

Legal basis: Insurance Law of the People's Republic of China

Article 11 The conclusion of an insurance contract shall be made through consensus and the rights and obligations of all parties shall be determined in accordance with the principle of fairness. Except where laws and administrative regulations stipulate that insurance is mandatory, insurance contracts are concluded voluntarily.

Article 19 The following clauses in an insurance contract concluded using the standard terms provided by the insurer are invalid: (1) exempting the insurer from its obligations in accordance with the law or increasing the liability of the policyholder or the insured; (2) Excluding the rights enjoyed by the policyholder, insured or beneficiary in accordance with law.

Civil Code of the People's Republic of China

Article 153: Civil juristic acts that violate the mandatory provisions of laws and administrative regulations on slag acceptance are invalid. However, the mandatory provisions do not lead to the invalidity of the civil juristic act. Civil juristic acts that are contrary to public order and good customs are invalid.

Article 154:Civil juristic acts where the perpetrator maliciously colludes with their counterparts to harm the lawful rights and interests of others are invalid.

Circumstances in which the insurance contract is invalid: 1. The qualifications of the insurer, the policyholder, the insured, the beneficiary or the insurer do not meet the requirements of the law. For example, the policyholder is a natural person who has no capacity for civil conduct or is unable to independently carry out the act of contracting according to law and has limited civil capacity; The insurer does not meet the statutory requirements and is not established in accordance with the law; The insurer is not eligible for insurance or does not have the right to insurance.

If the insurance contract is concluded by the above-mentioned parties, the contract is null and void. 2. The parties' intentions are untrue. In the process of concluding a contract, if either party to the contract causes the other party to make an expression of intent against its will by fraud, coercion or taking advantage of the danger of others, it shall constitute an untrue expression of intent in the contract.

Here, fraud refers to the act of the perpetrator not fulfilling the obligation to tell the truth, deliberately concealing the true situation or deliberately informing the false information to induce a false expression of intent to the principal. For example, when the policyholder enters into an insurance contract, he falsely claims that there is a risk but knows that there is no risk, and falsely claims that the risk has not occurred when he knows that the risk has occurred, etc. Coercion refers to the act of one party forcing the other party to enter into an insurance contract with itself by threatening to cause damage to the person, property, reputation and honor of the other party or persons related to the other party.

Coercion is an act that is certain to be possible and sufficient to cause the other party to enter into an insurance contract with him against his will. 3. The subject matter is illegal. If the policyholder or the insured has no insurance interest in the subject matter of the insurance, the insurance contract concluded by the policyholder or the insured shall not be valid.

4. The content is illegal. If the risk of the policyholder is illegal, such as violating the national interest and the social public interest, or violating the law.