一、保险合同思维与民法之特殊性——兼与第三人利益合同之比较(一)保险合同与第三人利益合同在保险法中,最为重要部分莫过于保险合同,甚至有国家立法例之保险法仅仅指称保险私法即保险合同法。若从合同法角度出发,合同当中最为重要者为合同之当事人。罗马法经典理论以合同相对性为基础,认为任何人都不能为他人订立合同。但随着合同制度之发展,合同中开始承认甚至干涉了第三人的利益,保险合同便为典型例子。“保险是一个合同当事人必须承认第三人权利的典型例子:保险人在保险事故发生时所支付的金钱,通常并不能够支付给被保险人自己,而是支付给第三人,即由被保险人在人寿保险单中指明受益人,在货物保险的情况下,则是损失或损坏发生 First, the thinking of insurance contract and the particularity of civil law - and the third party interest contract (A) the contract of insurance and third party interests In the insurance law, the most important part is the insurance contract, and even the national legislation Insurance law merely refers to insurance private law that is insurance contract law. If from the contract law point of view, the most important contract among the parties to the contract. The classic theory of Roman law, based on the relativity of the contract, argues that no one can conclude a contract for others. However, with the development of the contract system, contracts begin to recognize or even interfere with the interests of third parties, and insurance contracts are typical examples. ”Insurance is a classic example of the contractual parties must recognize the rights of third parties: the money the insurer pays in the event of an insured event usually can not be paid to the insured himself, but instead to the third person, The insured person in the life insurance policy specified in the beneficiary, in the case of cargo insurance, it is loss or damage occurred