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投保人并非被保险人的人寿保险合同,可能因各种原因导致保险合同解除,如投保人或其继承人自愿退保,法院强制保险合同当事人退保。鉴于实践的复杂性,涉及人寿保险合同解除的诸多问题缺乏直接的立法依据。笔者认为,人寿保险合同为被保险人利益而存在,应尽量满足被保险人或利害关系人维持保险合同效力的要求,赋予其替代投保人的权利,并根据纠纷的性质平衡保护相关各方利益。
The insured person is not the life insurance contract of the insured person, which may result in the termination of the insurance contract for various reasons. For example, the insured person or his successor voluntarily surrendered the insurance contract and the parties of the compulsory insurance contract surrendered. In view of the complexity of practice, there are no direct legislative bases on many issues concerning the dissolution of life insurance contracts. The author believes that the life insurance contract exists for the interests of the insured, should try to meet the insured or interested parties to maintain the effectiveness of the insurance contract requirements, give it the right to replace the insured, and according to the nature of the dispute to protect the interests of all stakeholders .