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我国保险法根据保险标的不同,把保险合同分为人身保险合同与财产保险合同,决定损失补偿原则、代位求偿权、超额保险不当得利等制度的不同。本文通过人身保险合同与财产保险合同异同之法理分析,结合我国的现行保险立法,针对在实践中出现了中间性保险这一特性,厘清中间性保险的归属问题,从而进一步完善保险合同相关制度。
China’s insurance law divides insurance contracts into life insurance contracts and property insurance contracts according to the different subject matter of insurance, and determines the differences in the systems of loss compensation principle, subrogation right and excessive insurance unjust enrichment. Based on the legal analysis of the similarities and differences between personal insurance contracts and property insurance contracts and the current insurance legislation in our country, this paper clarifies the ownership of intermediate insurance in view of the fact that in practice there is an intermediate insurance, so as to further perfect the relevant system of insurance contract.