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保险法规定,为他人投保死亡保险者,须经被保险人同意,此规定之立法意旨,在于防免针对被保险人之道德危险,并间接保护被保险人的生命权。在被保险人的同意方式上,新《保险法》删除了“书面”二字,使同意之方式多样化,更有利于保护被保险人的利益。由于限制行为能力人无法行使同意权,应当通过将保险金额限制在丧葬费用范围内的方式控制道德危险,此种方式不需经限制行为能力之被保险人同意。在被保险人同意他人为其购买死亡保险之后,被保险人有权撤销同意,进而解除保险合同,该保险合同的解除,不具有溯及既往的效力。
Under the Insurance Law, those who insure death insurance for others must obtain the consent of the insured. The legislative purpose of this provision is to prevent the moral hazard against the insured and to indirectly protect the insured’s right to life. In the way of the insured’s consent, the new “Insurance Law” has deleted the word “written”, diversified the way of consent, and is more conducive to protecting the interests of the insured. Because of the inability of persons with limited capacity to exercise their right of consent, moral hazard should be governed by a limitation of the amount insured to the extent of funeral expenses, which is not subject to the consent of the insured person with limited capacity. After the insured person agrees to buy the death insurance for him, the insured person has the right to rescind the consent and terminate the insurance contract. The termination of the insurance contract does not have the retroactive effect.