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交付保险费是人身保险合同成立后,投保人要承担的合同义务。但实践中常出现保险合同成立前,投保人交付首期保险费后发生保险事故保障的真空。文章从我国保险合同制度的立法与实践分析入手,结合国内外相关理论、立法与实务加以探讨,提出完善我国保险合同的成立制度,以保护投保人与保险人双方的利益。
Delivery of insurance premiums is the contractual obligation to be borne by the policyholder after the life insurance contract is established. However, in practice, before the establishment of the insurance contract, the vacuum of the insurance accident protection occurred after the insured person paid the initial insurance premium. Starting with the analysis of the legislation and practice of the insurance contract system in our country, this article discusses the relevant theories, legislation and practice both at home and abroad, and proposes improving the establishment of insurance contract in our country so as to protect the interests of policyholders and insurers.