论文部分内容阅读
保险合同条款的专业性与复杂性,使得保险合同的解释成为必需。始于20世纪70年代的合理期待原则,是在传统的公平原则、公共政策原则、禁止反言原则、疑义利益原则基础上形成的新保险合同解释原则,意指即使合同没有约定,法官也可以基于被保险人在订立合同时的合理期待,做出不利于保险人的合同解释。合理期待原则突破了合同解释的基本原则,突破了保险合同的明示条款,创设了合同条款之外的权利与义务。合理期待原则不是保险合同解释的基本原则,而是例外的、补充的原则,该原则的具体适用受到若干条件的限制。
The specialty and complexity of insurance contract terms make the explanation of insurance contract necessary. The principle of reasonable expectation that began in the 1970s was based on the principles of the traditional principles of fairness, public policy, prohibition of aversion and doubtful interests. The principle of new insurance contract interpretation means that even if the contract does not stipulate, the judge can Based on the insured’s reasonable expectation at the time of conclusion of the contract, it makes a contractual explanation that is unfavorable to the insurer. The principle of reasonable expectation broke through the basic principles of contract interpretation, broke through the express clauses of insurance contracts, and created the rights and obligations beyond the terms of contracts. The principle of reasonable expectation is not the basic principle of insurance contract interpretation, but an exception and supplementary principle. The specific application of this principle is limited by a number of conditions.