What is the relationship between the formation and entry into force of a property insurance contract

The differences between the establishment and effectiveness of an insurance contract are as follows: 1. The content judgment is inconsistent;

2. The applicable rules for establishment and entry into force are different;

3. The requirements for the formation and entry into force of the contract are different. The general requirements for the formation of a contract are sufficient as long as the expression of intent is consistent, for the following reasons: the so-called expression of intent refers to an act that externally indicates the intention to produce a certain legal effect in private law.

As a specific form of expression of legal acts, the general requirements for the establishment of a contract are only a matter of judging facts, and the object of analysis is only the constituent elements of the act. The entry into force of a contract means that a contract that meets the statutory requirements for entry into force can be protected by law and can produce the legal consequences expected by the parties to the contract. The authenticity of the expression of intent is an important constituent element of the contract to take effect, which means that the expressive act of the expressor should truly reflect the effect and meaning of the contract.

A contract is the product of an agreement of intent and is an agreement between the parties. Whether such an agreement has legal effect depends on whether the expression of intention is genuine.

Legal basis] Article 10 of the Insurance Law of the People's Republic of China.

An insurance contract is an agreement between the policyholder and the insurer to stipulate the relationship of insurance rights and obligations. The policyholder refers to the person who has entered into an insurance contract with the insurer and has the obligation to pay the insurance premium in accordance with the contract. An insurer refers to an insurance company that enters into an insurance contract with the policyholder and bears the responsibility of compensation or payment of insurance money in accordance with the contract.

Legal analysis: The establishment of an insurance contract only requires two elements: an offer and a promise by Youchunqing, that is, the policyholder puts forward an insurance request and the insurer agrees to contract, and the insurance contract is established. The establishment of an insurance contract is not equivalent to its validity, and the insurance contract can only take effect if the requirements for effectiveness are met after its establishment.

Including: (1) the parties to the contract have the corresponding civil capacity; (2) the intention of both parties is true; (3) Do not violate the mandatory provisions of laws and administrative regulations; (4) Do not violate public order and good customs. For some other contracts with entry into force conditions or with an effective period, the effective conditions must also be met and within the effective period; (5) The policyholder must have an insurable interest in the subject matter of the insurance; (6) The insurance contract must be approved by the insured.

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

Article 143 of the Civil Code of the People's Republic of China? Civil juristic acts that meet the following conditions are valid:

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

b) The meaning is true;

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

Article 13 of the Insurance Law of the People's Republic of China? The insurance contract is established when the policyholder makes an insurance request, and the insurer agrees to underwrite the insurance. The insurer shall issue an insurance policy or other insurance certificate to the policyholder in a timely manner.

The insurance policy or other insurance certificate shall clearly state the content of the contract agreed upon by both parties. The parties may also agree to set out the contents of the contract in other written forms.

An insurance contract established in accordance with the law shall take effect from the time of its establishment. The policyholder and the insurer may agree on conditions or time limits on the validity of the contract.

The link between the formation and entry into force of the insurance contract:

The establishment of an insurance contract is the basic condition for its validity, and an insurance contract will be declared established if it meets the requirements for establishment, and a contract that has been established must go through certain requirements for effectiveness before it can take effect and become legally binding. In an insurance contract, it generally takes effect when the insurance contract is concluded, except where the parties agree to take effect.

The difference between the formation and entry into force of an insurance contract:

The formation of an insurance contract refers to an agreement between the policyholder and the insurer on the main terms of the insurance contract. The entry into force of an insurance contract means that the insurance contract is binding on both parties, that is, the terms of the contract have legal effect. The conclusion of an insurance contract does not necessarily lead to the entry into force of the insurance contract.

If the insurance contract has been established, but it does not meet the requirements for the validity of the insurance contract, it still cannot produce legal effect.

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The relationship between the establishment and effectiveness of an insurance contract is as follows: the establishment and effectiveness of an insurance contract are two different contract systems, and the establishment of an insurance contract does not mean that the insurance contract takes effect. The conclusion of the insurance contract means that both the policyholder and the insurer have reached an agreement on the conclusion of the insurance contract.

The insurance contract can only be formally effective if it meets the requirements for the validity of the contract as stipulated by law. Whether the insurance contract is validly established is of great significance to both parties to the insurance contract, and only when the insurance contract is validly established can it be binding on both parties, and the insurer may bear the insurance liability in the event of an insured event.

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Under normal circumstances, an insurance contract established in accordance with the law shall take effect from the time of its establishment. The policyholder and the insurer may agree on the validity of the contract with conditions or a time limit. Article 13 of the Insurance Law stipulates that if the policyholder makes an insurance request, the insurance contract shall be established with the consent of the insurer.

The insurer shall issue an insurance policy or other insurance certificate to the policyholder in a timely manner. The insurance policy or other insurance certificate shall clearly state the content of the contract agreed upon by both parties. The parties may also agree to set out the contents of the contract in other written forms.

An insurance contract established in accordance with the law shall come into force at the time of its establishment. The policyholder and the insurer may agree on the validity of the contract with conditions or a time limit.

According to Article 13 of the Insurance Law, "the insurance contract shall be established when the policyholder makes an insurance request, and the insurer agrees to underwrite the insurance and reaches an agreement on the terms of the contract." An insurance contract established in accordance with the law shall take effect from the time of its establishment. Therefore, in principle, the insurance contract can be entered into force at the same time as it is concluded.

However, in practice, since the insurance contract may still involve some approval procedures after it is concluded, the law also stipulates that the parties to the insurance contract may agree on conditions or a time limit for the entry into force of the insurance contract, but if certain conditions are not met, or it will not take effect before a certain period of time. At the same time, in addition to the establishment and effectiveness of the insurance contract, there is also an important point in time for the policyholder and the beneficiary, the time when the insurance company bears the insurance liability, and the insurance law stipulates that the insurer will bear the insurance liability according to the agreed time after the policyholder pays the insurance premium at the agreed time.

1. Whether the insurance company will compensate for traffic accidents caused by overloading of trucks.

If the insurance contract purchased by the truck does not stipulate that overloading is an exemption clause, or if it is agreed but the insurance company does not remind or explain its obligations, the insurance company shall agree to compensate for the accident caused by overloading; If it is agreed that it is an exclusion clause and it is clearly stated in the contract, the insurance company can refuse to pay the claim.

Article 17 of the Insurance Law of the People's Republic of China stipulates that if an insurance contract is concluded and the standard clauses provided by the insurer are adopted, the insurance policy provided by the insurer to the policyholder shall be accompanied by standard clauses, and the insurer shall explain the contents of the contract to the policyholder.

For the clause exempting the insurer from liability in the insurance contract, the insurer shall, at the time of conclusion of the contract, make a reminder sufficient to attract the attention of the policyholder on the insurance policy, insurance policy or other insurance certificate, and make a clear explanation to the policyholder in written or oral form of the content of the clause; If there is no reminder or clear explanation, the clause shall not be effective.

2. What are the conditions for the establishment of a life insurance contract?

The conditions for the establishment of a life insurance contract are: the policyholder makes an insurance request, and the insurance contract is established with the consent of the insurer. When laws or administrative regulations stipulate or the parties agree that a contract shall be concluded in written form, and the parties do not use the written form but one party has performed its main obligations and the other party accepts it, the contract shall be established.

Insurance Law of the People's Republic of China

Article 12 The policyholder of life insurance shall have an insurable interest in the insured at the time of the conclusion of the insurance contract.

The insured of property insurance shall have an insurable interest in the subject matter of insurance at the time of the occurrence of an insured event.

Life insurance is insurance that takes a person's life and body as the subject of insurance.

Property insurance is insurance that takes property and its related interests as the subject matter of insurance.

The insured refers to the person whose property or person is protected by the insurance contract and has the right to claim the insurance money. The policyholder can be the insured.

Insurance interest refers to the legally recognized interest of the policyholder or the insured in the subject matter of insurance.