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投保人的法律地位首先表现为保险合同的当事人地位,但其当事人地位具有限缩性,投保人承担交纳保险费的义务,但却不享有保险合同所约定的权利或利益。投保人在保险合同项下的权利,仅以保险合同约定属于投保人者为限。投保人解除保险合同的权利,并非其作为合同当事人的固有权利,而仅是法律赋予投保人免受合同约束的一种专属权利,该权利的行使不得损害被保险人(受益人)受保险合同保障的权利或利益。投保人的法律地位因其死亡而永久固定,不发生投保人的当事人地位的继承问题,继承人不得主张解除保险合同。投保人依照保险合同的约定有权要求保险人向其支付保险合同解除时的现金价值;但在保险合同未约定或者约定不明时,则不享有此项权利。
The legal status of the insured person firstly appears as the litigant status of the insurance contract, but the position of the litigant has the limitation and contraction. The insured person has the obligation to pay the premium but does not enjoy the rights or interests agreed in the insurance contract. Applicant’s rights under the insurance contract, only the insurance contract is subject to the insured person. The right of the insured to terminate the insurance contract is not an inherent right of the party to the contract but only an exclusive right granted by the law to protect the insured from the contract and the exercise of the right shall not impair the insured (beneficiary) Safeguard the rights or interests. The legal status of the insured person is permanently fixed due to his death, the succession of the status of the party as the insured person does not occur, and the heir shall not advocate the lifting of the insurance contract. In accordance with the provisions of the insurance contract, the insured has the right to require the insurer to pay the cash value when the insurance contract is lifted; however, the insurance contract does not enjoy the right when the insurance contract is not agreed upon or the agreement is unclear.