保险合同解释中的合理期待原则研究
发布时间：2019-06-02 23:17
【摘要】：保险合同解释中的合理期待原则，指的是当保险合同双方当事人就保险合同产生纠纷时，应当以投保人或被保险人对保险合同所产生的合理期待为出发点和落脚点来对保险合同的条款进行解释。合理期待原则是追求合同实质正义的法益思潮在保险法上的具体体现，该原则对维护投保人或被保险人的权益，促进保险行业健康稳定发展具有重大意义。合理期待的法律理念出现以来，，学术界对于它的争论一直就没有停歇过，引起争论的原因有两个，首先该原则在适用时可以忽略保险合同列明的条款，突破了传统意义上的合同解释体系；其次，实践中该原则的适用是否应以保险合同条款存有歧义为前提，以及对于“客观”、“合理”的标准往往难以把握。对此，纵观国内外知名学者的观点，一般都是仅仅涉及合理期待原则的某一个方面的探索，对于该原则全面系统的研究尚未出现。所以无论从理论或实践上都有必要对合理期待原则进行一个深入、全面、系统的探究。 合理期待原则的产生有着其深远的历史背景与深厚的社会积淀，它的出现顺应了社会经济发展的浪潮。当我们用法律的视角去看待合理期待原则时，我们明白了它的出现是为了应对在资本主义的垄断下，合约双方当事人经济地位严重失衡以致在交易中格式条款被广泛地使用，而使合约相对人的真实意思表达受到不应有之制约的情况。在传统的合同思想已然不能全面有效地维护弱势群体的权益时，为了追求合同中的实质正义，合理期待理念突破了传统合同法思想的束缚，它是理论与制度为了法律之公平正义得以真正实现而进行的一次自我的革新与超越。通过对合理期待原则同其他保险合同解释原则相比较发现，其并无适用上的优先性，只有当穷尽其他保险合同解释原则的情况下，才可以适用。在实践中，合理期待原则的适用不以保险合同条款存有歧义为前提条件，并且应当从投保人或被保险人的主客观条件、认知能力等因素来审查期望的“合理性”。总之，合理期待原则很好地限制了保险人滥用其优势资源，有效地平衡了保险合同双方当事人的权益，其法理精髓值得我们汲取。
[Abstract]:The principle of reasonable expectation in the interpretation of insurance contract refers to when the parties to the insurance contract have a dispute over the insurance contract, The terms of the insurance contract should be explained from the starting point and foothold of the reasonable expectation of the policy holder or the insured to the insurance contract. The principle of reasonable expectation is the concrete embodiment of the legal interest trend of pursuing the substantive justice of the contract in the insurance law, which is of great significance to safeguard the rights and interests of the insured or the insured and promote the healthy and stable development of the insurance industry. Since the emergence of the legal concept of reasonable expectation, the academic debate on it has not stopped, there are two reasons for the debate, first of all, this principle can ignore the terms set out in the insurance contract when applied. It breaks through the traditional contract interpretation system; Secondly, whether the application of this principle should be based on the ambiguity of the terms of the insurance contract, and the standard of "objective" and "reasonable" is often difficult to grasp. In this regard, throughout the views of well-known scholars at home and abroad, it is generally related to a certain aspect of the principle of reasonable expectation, and a comprehensive and systematic study of this principle has not yet appeared. Therefore, it is necessary to make an in-depth, comprehensive and systematic exploration of the principle of reasonable expectation, both in theory and in practice. The emergence of the principle of reasonable expectation has its profound historical background and profound social accumulation, and its emergence conforms to the wave of social and economic development. When we look at the principle of reasonable expectation from the perspective of law, we understand that it appears in order to deal with the serious imbalance in the economic position of the parties to the contract under the monopoly of capitalism, so that the format clause is widely used in the transaction. And make the contract relative to the real expression of the meaning of the situation should not be restricted. When the traditional contract thought can not fully and effectively safeguard the rights and interests of the vulnerable groups, in order to pursue the substantive justice in the contract, the concept of reasonable expectation breaks through the shackles of the traditional contract law thought. It is a self-innovation and transcendence of theory and system in order to realize the fairness and justice of law. By comparing the principle of reasonable expectation with that of other insurance contract interpretation principles, it is found that there is no priority in its application, which can only be applied when other insurance contract interpretation principles are exhausted. In practice, the application of the principle of reasonable expectation is not premised on the ambiguity of the terms of the insurance contract, and the "rationality" of expectation should be examined from the subjective and objective conditions and cognitive ability of the insured or insured. In a word, the principle of reasonable expectation limits the insurer to abuse its advantage resources, effectively balances the rights and interests of both parties to the insurance contract, and its legal essence is worthy of our absorption.
【学位授予单位】：辽宁大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D923.6
本文编号：2491495
[Abstract]:The principle of reasonable expectation in the interpretation of insurance contract refers to when the parties to the insurance contract have a dispute over the insurance contract, The terms of the insurance contract should be explained from the starting point and foothold of the reasonable expectation of the policy holder or the insured to the insurance contract. The principle of reasonable expectation is the concrete embodiment of the legal interest trend of pursuing the substantive justice of the contract in the insurance law, which is of great significance to safeguard the rights and interests of the insured or the insured and promote the healthy and stable development of the insurance industry. Since the emergence of the legal concept of reasonable expectation, the academic debate on it has not stopped, there are two reasons for the debate, first of all, this principle can ignore the terms set out in the insurance contract when applied. It breaks through the traditional contract interpretation system; Secondly, whether the application of this principle should be based on the ambiguity of the terms of the insurance contract, and the standard of "objective" and "reasonable" is often difficult to grasp. In this regard, throughout the views of well-known scholars at home and abroad, it is generally related to a certain aspect of the principle of reasonable expectation, and a comprehensive and systematic study of this principle has not yet appeared. Therefore, it is necessary to make an in-depth, comprehensive and systematic exploration of the principle of reasonable expectation, both in theory and in practice. The emergence of the principle of reasonable expectation has its profound historical background and profound social accumulation, and its emergence conforms to the wave of social and economic development. When we look at the principle of reasonable expectation from the perspective of law, we understand that it appears in order to deal with the serious imbalance in the economic position of the parties to the contract under the monopoly of capitalism, so that the format clause is widely used in the transaction. And make the contract relative to the real expression of the meaning of the situation should not be restricted. When the traditional contract thought can not fully and effectively safeguard the rights and interests of the vulnerable groups, in order to pursue the substantive justice in the contract, the concept of reasonable expectation breaks through the shackles of the traditional contract law thought. It is a self-innovation and transcendence of theory and system in order to realize the fairness and justice of law. By comparing the principle of reasonable expectation with that of other insurance contract interpretation principles, it is found that there is no priority in its application, which can only be applied when other insurance contract interpretation principles are exhausted. In practice, the application of the principle of reasonable expectation is not premised on the ambiguity of the terms of the insurance contract, and the "rationality" of expectation should be examined from the subjective and objective conditions and cognitive ability of the insured or insured. In a word, the principle of reasonable expectation limits the insurer to abuse its advantage resources, effectively balances the rights and interests of both parties to the insurance contract, and its legal essence is worthy of our absorption.
【学位授予单位】：辽宁大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D923.6
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