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保险合同分为人身保险合同和财产保险合同。由于两种合同的标的性质不同以及长期以来形成的习惯,二者相差甚远,自成体系。笔者就它们之间的异同及其实践意义谈几点粗浅看法,以求教于保险同仁。 一、财产保险合同属诺成性合同,人身保险合同属实践性合同 目前,有一种观点认为,凡保险合同皆为实践性合同。持这种观点的人认为,保险合同的成立必须以投保人或被保险人交付保险费为生效条件,因而是实践性合同。笔者认为,这种观点
Insurance contracts are divided into life insurance contracts and property insurance contracts. Due to the different nature of the subject matter and the long-established habits of the two contracts, the two are far from one another and form a system of their own. I talk about the similarities and differences between them and their practical significance to talk about a few superficial views, to seek education in insurance colleagues. First, the property insurance contract is a promising contract, life insurance contract is a practical contract Currently, there is a view that where the insurance contracts are all practical contracts. Those who hold this view believe that the insurance contract must be insured or the insured person to pay insurance premiums for the entry into force of conditions, it is a practical contract. In my opinion, this view