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投资型保险作为新型保险产品,兼具保障与投资的双重属性,在迅速发展的同时也因未在契约法的框架进行系统分析,而在法律适用上不够明确,故常引发纠纷。本文从契约法的角度进行观察,投资型保险契约依其功能,可界分为保险部分与投资部分。投资型保险有着鲜明的特点,且其投资部分具有信托属性,进而导致保险人的说明义务有所不同。就保险部分与投资部分的关系,两者在形式上统一并在实质上具有依存关系,投资型保险应认定为混合契约,但仍面临着因投资部分的特性而带来的法律适用难题,故应向典型契约转型。在投资型保险应定位为保险抑或证券的争议上,结合投资型保险的特质并考虑我国现实情况,应界定为保险契约的特殊形式,并对保险契约法作相应调整。
As a new type of insurance product, investment-based insurance has dual attributes of guarantee and investment. Due to its rapid development, it is not clear enough to apply the law due to its lack of systematic analysis in the framework of contract law. This article from the contract law point of view, investment-based insurance contract according to its function, can be divided into insurance part and investment part. Investment-backed insurance has distinct characteristics, and its investment has some trust attributes, which leads to different insurers’ obligation of explanation. As for the relationship between the insurance part and the investment part, both are formally unified and essentially dependent on each other. The investment-based insurance should be considered as a hybrid contract but still bears the problem of legal application due to the characteristics of the investment part. Should be the typical contract transition. In the investment insurance should be positioned as insurance or securities disputes, combined with the characteristics of investment-based insurance and consider the reality of our country should be defined as a special form of insurance contract, and the insurance contract law to make the corresponding adjustments.