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Article 31 of the Insurance Law is a provision on the interests of life insurance:
The policyholder has an insurable interest in the following persons:
a) Personally; (2) Spouses, children, and parents; (3) Other members of the family who have a relationship of support, support or support with the insured other than those mentioned in the preceding paragraph; (4) Workers who have labor relations with the insured.
In addition to the provisions of the preceding paragraph, if the insured agrees to the policyholder to conclude a contract for him, the policyholder shall be deemed to have an insurance interest in the insured.
If the policyholder does not have an insurance interest in the insured at the time of the conclusion of the contract, the contract shall be invalid.
This article is about the very important system of insurance law - insurance interests. Due to the large number of insureds in group insurance business in insurance practice, it is very difficult to require each insured to sign in writing and agree to the employer's insurance for them. Therefore, "workers who have an employment relationship with the policyholder" has been added to the statutory insurance benefits section to solve the legal difficulties in group insurance practice.
Of course, organizations such as associations can also purchase group insurance for their members, but the new insurance law does not include it in the scope of statutory insurance interests, resulting in legal difficulties in the development of related businesses.
Some people believe that China is adopting the principle of interest-ism, and that paragraph 3 of Article 31 is only a supplement to the four statutory insurance interests in paragraph 2. There are also those who believe that China adopts the principle of combining interestism and consent, and that paragraph 2 of Article 21 is interest-based and paragraph 3 is consent-ism. In my opinion, an overall examination of the relevant content of China's insurance law shows that China's insurance law is a consentist principle, and the difficulties of related issues have hindered the development of China's life insurance industry.
The provisions of paragraph 4 of Article 31 are in line with the relevant content of Article 12 and deal with the issue of the point in time when the benefits of life insurance will take effect. The relevant regulations require the insurance company to underwrite that if the insurance company is negligent and underwrites the relevant business, if the relevant adverse consequences arise as a result, the insurance company will bear the corresponding tort liability.
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The policies of each company are different, so the regulations are different.
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Answer] :d China's Insurance Law stipulates that the policyholder has an insurance interest in the following persons: I; spouse, children, parents; Other members and close relatives of families other than those mentioned in the preceding paragraph who have a relationship of support, support or support with the policyholder; Those who have an employment relationship with the policyholder.
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Answer] :d This question examines the principles and specific forms of recognition of life insurance interests in China's insurance law.
China's current "Insurance Law" adopts the principle of balancing interests and consent for the recognition of life insurance interests. China's "Insurance Law" stipulates: the person, spouse, children, parents; Other family members and close relatives who have a relationship of support, support or support with the policyholder; Workers who have an employment relationship with the insured; If the insured agrees that the policyholder enters into a contract for him, it shall be deemed prudent and skillful to assume that the policyholder has an insurance interest in the insured.
The policyholder does not have an insurance interest in the ex-wife.
The ABC argument may have an insurable interest, and the D argument is a distraction, and the policyholder may not have an insurable interest in the ex-wife.
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Answer]: Option C AD: Only when the policyholder's neighbor and the co-ordinator "agree with the other party" that the policyholder enters into a contract for him, will the policyholder be deemed to have an insurance interest in the insured.
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Answer]: ABCD
abcd。Article 31 of the Insurance Law stipulates that (life insurance) the policyholder has an insurable interest in the following persons:
1) Personally; (2) spouse, children, parents; (3) Other family members and close relatives who have a relationship of support, support or support with the insured other than those mentioned in the preceding paragraph; (4) Workers who have an employment relationship with the applicant of the erection insured. In addition to the provisions of the preceding paragraph, if the insured agrees to conclude a contract for the insured, it shall be deemed that the insured has an insurance interest in the insured. ab item is correct.
According to the principles of the Insurance Law, in property insurance, the insured has a real right to the subject matter of the insurance, that is, he has the interest of surplover and carries the insurance to be insured, and item C is correct; In property insurance, the existence of the contract of the insured for the subject matter of the insurance is that it has an insurable interest and can be insured, and item d is correct.
Chapter IX Social Insurance and Welfare.
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