上海交通大学金融学专业保险学原理讲义chapter03.pptVIP

The insurance Policy Chapter Outline Fundamentals of Contract LawType of ContractGeneral Requirement for a Contract The Policy as PropertyRight To Use and Enjoy PropertyRight to Dispose of Property Fundamentals of Contract Law A contract is a legally enforceable agreement between two or more parties. The two parties to an individual life an health insurance contract are insurance companies that issued the policy and the individual who purchased the policy. Type of Contract Formal contracts and informal contracts Bilateral contracts and unilateral contracts Commutative contracts and aleatory contracts Bargaining contracts and contracts of adhesion Formal and informal Contracts A formal contract is one that is enforceable because the parties to the contract met certain formalities concerning the form of the agreement. An informal contract is a contract that is enforceable because the parties to the contract met requirements concerning the substance of the agreement rather than requirement concerning the form of the agreement Formal and informal Contracts In theory, life and health insurance contracts, as informal contracts,could be made in either written or oral form. But in some countries, insurance contracts are required to express in written form. Formal and informal Contracts 第十三条　投保人提出保险要求，经保险人同意承保，并就合同的条款达成协议，保险合同成立。保险人应当及时向投保人签发保险单或者其他保险凭证，并在保险单或者其他保险凭证中载明当事人双方约定的合同内容。 　　经投保人和保险人协商同意，也可以采取前款规定以外的其他书面协议形式订立保险合同。 Formal and informal Contracts Can a person enter into a valid life insurance contract on the Internet? Bilateral and Unilateral Contracts Bilateral contract a contract between two parties who both make legally enforceable promises when they enter into the contract. Unilateral contract a contract between two parties only one of them makes legally enforceable promises when entering into the contract. Bilateral and Unilateral Contracts Life and health insurance policies are unilateral contracts. The insurance promise to provide coverage in re