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在保险实践活动中,保险合同当事人对保险合同的成立、生效与保险费的缴纳、保险责任开始存在模糊认识,甚至错误的把保险合同的成立、生效与保险费的缴纳、保险责任开始混为一谈,如把未成立的保险合同当成已经成立的保险合同处理,把已经成立但是未生效的保险合同当成生效的保险合同处理,把已经成立并生效但保险责任未开始的保险合同当成保险责任开始的保险合同处理等,导致保险合同纠纷的频繁发生。本文以民商法原理为基础,结合新《保险法》第十三条的规定,再次论证保险合同的成立、生效,澄清模糊和错误认识。
In the practice of insurance practice, the parties to the insurance contract have vague understanding of the insurance liability since the establishment of the insurance contract, the entry into force of the insurance contract, and the insurance premium. They even misunderstand the establishment of the insurance contract, the payment of the insurance premium, and the beginning of the insurance liability. If an uninsured insurance contract is treated as an already established insurance contract and an already established but not yet valid insurance contract is treated as an effective insurance contract, the insurance contract that has been established and takes effect but the insurance liability is not started is treated as insurance coverage Contract handling, resulting in the frequent occurrence of insurance contract disputes. Based on the principle of Civil and Commercial Law, combined with the provisions of Article 13 of the new Insurance Law, this article demonstrates once again that the establishment of an insurance contract takes effect and clarifies ambiguity and misunderstanding.