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台湾保险法翻译模板(第一部分 中英文)

发表时间:2019-12-19  浏览次数:550  
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台湾保险法翻译模板(第一部分 中英文)

  保险法

  INSURANCE ACT

  民国99 年02 月01 日修正 ( 2010.02.01 Amended )

  目次 Contents

  第一章总则Chapter I. General Principles

  第一节定义及分类Section 1. Definitions and Categories

  第二节保险利益Section 2. Insurable Interest

  第三节保险费Section 3. Premiums

  第四节保险人之责任Section 4. Obligations of the Insurer

  第五节复保险Section 5. Double Insurance

  第六节再保险Section 6. Reinsurance

  第二章保险契约Chapter II. Insurance Contracts

  第一节通则Section 1. General Provisions

  第二节基本条款Section 2. Basic Provisions

  第三节特约条款Section 3. Special Provisions

  第三章财产保险Chapter III. Non-life Insurance

  第一节火灾保险Section 1. Fire Insurance

  第二节海上保险Section 2. Marine Insurance

  第三节陆空保险Section 3. Land and Air Insurance

  第四节责任保险Section 4. Liability Insurance

  第四节之一保证保险Section 4-1. Bonding Insurance

  第五节其它财产保险Section 5. Other Non-life Insurance

  第四章人身保险Chapter IV. Insurance of the Person

  第一节人寿保险Section 1. Life Insurance

  第二节健康保险Section 2. Health Insurance

  第三节伤害保险Section 3. Personal Injury Insurance

  第四节年金保险Section 4. Annuity Insurance

  第五章保险业Chapter V. Insurance Enterprises

  第一节通则Section 1. General Provisions

  第二节保险公司Section 2. Insurance Companies

  第三节保险合作社Section 3. Insurance Cooperatives

  第四节保险业代理人、经纪人、公证人Section 4. Insurance Agents, Brokers, and Surveyors

  第四节之一同业公会Section 4-1. Trade associations

  第五节罚则Section 5. Penal Provisions

  第六章附则Chapter VI. Supplementary Provisions

  第一章总则Chapter I. General Principles

  第一节定义及分类Section 1. Definitions and Categories

  第1 条本法所称保险,谓当事人约定,一方交付保险费于他方,他方对于因不可预料,或不可抗力之事故所致之损害,负担赔偿财物之行为。根据前项所订之契约,称为保险契约。

  Article 1 The term "insurance" as used in this Act means an act whereby the parties concerned agree that one party pays a premium to the other party, and the other party is liable for pecuniary indemnification for damage caused by unforeseeable events or force majeure. A contract entered into on the basis of the preceding paragraph is called an "insurance contract."

  第2 条本法所称保险人,指经营保险事业之各种组织,在保险契约成立时,有保险费之请求权; 在承保危险事故发生时,依其承保之责任,负担赔偿之义务。

  Article 2 The term "insurer" as used in this Act means any of various organizations engaged in the business of insurance that has the right to claim a premium upon entering into an insurance contract and is liable for indemnification, in accordance with the contracted insurance obligations, when an insured peril occurs.

  第3 条本法所称要保人,指对保险标的具有保险利益,向保险人申请订立保险契约,并负有交付保险费义务之人。

  Article 3 The term "proposer" as used in this Act means a person having an insurable interest in the subject matter insured who applies to an insurer to enter into an insurance contract and is obligated to pay a premium.

  第4 条本法所称被保险人,指于保险事故发生时,遭受损害,享有赔偿请求权之人;要保人亦得为被保险人。

  Article 4 The term "insured" as used in this Act means a person who, upon incurring damage as the result of an insured peril, enjoys the right to claim indemnification. A proposer may also be the insured.

  第5 条本法所称受益人,指被保险人或要保人约定享有赔偿请求权之人,要保人或被保险人均得为受益人。

  Article 5 The term "beneficiary" as used in this Act means a person stipulated by the insured or the proposer as the person who enjoys the right to claim indemnification. A proposer or insured may also be a beneficiary.

  第6 条本法所称保险业,指依本法组织登记,以经营保险为业之机构。

  Article 6 The term "insurance enterprise" as used in this Act means an entity organized and registered pursuant to this Act and engaged in insurance business.

  第7 条本法所称外国保险业,指依外国法律组织登记,并经主管机关许可,在台湾境内经营保险为业之机构。

  本法所称保险业负责人,指依公司法或合作社法应负责之人。

  Article 7 The term "foreign insurance enterprise" as used in this Act means an entity organized and registered pursuant to foreign law and engaged in insurance business in the Republic of China with permission from the competent authority.

  The term "responsible person of an insurance enterprise" as used in this Act means a person who shall be held responsible in accordance with the Company Act or the Cooperative Act.

  第8 条 本法所称保险代理人,指根据代理契约或授权书,向保险人收取费用,并代理经营业务之人。

  Article 8 The term "insurance agent" as used in this Act means a person who, on the basis of a contract of agency or a letter of authorization, collects remuneration from an insurer and acts as a business agent on the insurer's behalf.

  第8-1 条本法所称保险业务员,指为保险业、保险经纪人公司、保险代理人公司,从事保险招揽之人。

  Article 8-1 The term "insurance solicitor" as used in this Act means a person who solicits insurance business on behalf of an insurance enterprise, an insurance broker company, or an insurance agent company.

  第9 条本法所称保险经纪人,指基于被保险人之利益,洽订保险契约或提供相关服务,而收取佣金或报酬之人。

  Article 9 The term "insurance broker" as used in this Act means a person who, on the basis of the interests of the insured, negotiates an insurance contract or provides related services and collects a

  commission or remuneration.

  第10 条本法所称公证人,指向保险人或被保险人收取费用,为其办理保险标的之查勘,鉴定及估价与赔款之理算、洽商,而予证明之人。

  Article 10 The term "surveyor" as used in this Act means a person who collects remuneration from the insurer or the insured, and on behalf of the hiring party inspects, assesses, and appraises the subject matter insured, adjusts and negotiates indemnification, and gives attestation thereof.

  第11 条本法所定各种准备金,包括责任准备金、未满期保费准备金、特别准备金、赔款准备金及其它经主管机关规定之准备金。

  Article 11 The reserve funds set out in this Act include policy reserves, unearned premium reserves, special reserves, loss reserves, and other reserve funds as may be specified by the competent authority.

  第12 条本法所称主管机关为行政院金融监督管理委员会。但保险合作社除其经营之业务,以行政院金融监督管理委员会为主管机关外,其社务以合作社之主管机关为主管机关。

  Article 12 The term "competent authority" as used in this Act means the Financial Supervisory Commission, Executive Yuan. However, in the case of insurance cooperatives, the Financial Supervisory Commission, Executive Yuan is the competent authority for the business operated by the cooperatives, while the competent authority in charge of cooperatives is the competent authority for the administrative affairs of the cooperatives.

  第13 条保险分为财产保险及人身保险。财产保险,包括火灾保险、海上保险、陆空保险、责任保险、保证保险及经主管机关核准之其它保险。人身保险,包括人寿保险、健康保险、伤害保险及年金保险。

  Article 13 Insurance is categorized into non-life insurance and insurance of the person.

  Non-life insurance includes fire insurance, marine insurance, land and air insurance, liability insurance, bonding insurance, and any other type of insurance approved by the competent authority. Insurance of the person includes life insurance, health insurance, personal injury insurance, and annuities.

  第二节保险利益Section 2. Insurable Interest

  第14 条要保人对于财产上之现有利益,或因财产上之现有利益而生之期待利益,有保险利益。

  Article 14 A proposer has an insurable interest in current interest in a property, or expected future interest deriving from current interest in a property.

  第15 条运送人或保管人对于所运送或保管之货物,以其所负之责任为限,有保险利益。

  Article 15 A transporter or custodian of goods has an insurable interest in goods that it transports or keeps in custody, within the extent to which the transporter or custodian bears liability for the goods.

  第16 条要保人对于左列各人之生命或身体,有保险利益。

  Article 16 A proposer has an insurable interest in the life or body of any of the following persons:

  一、本人或其家属。二、生活费或教育费所仰给之人。三、债务人。四、为本人管理财产或利益之人。

  1. The proposer or the proposer's family members. 2. Persons upon whom the proposer depends for living expenses or educational expenses. 3. The proposer's obligors. 4. Persons who manage the proposer's assets or interests on the proposer's behalf.

  第17 条要保人或被保险人,对于保险标的物无保险利益者,保险契约失其效力。

  Article 17 If the proposer or insured has no insurable interest in the subject matter insured, the insurance contract shall become void.

  第18 条被保险人死亡或保险标的物所有权移转时,保险契约除另有订定外,仍为继承人或受让人之利益而存在。

  Article 18 If the insured dies or ownership of the subject matter insured is transferred, the insurance contract remains valid for the benefit of the heir or the transferee unless otherwise stipulated in the contract.

  第19 条合伙人或共有人联合为被保险人时,其中一人或数人让与保险利益于他人者,保险契约不因之而失效。

  Article 19 When partners or co-owners are jointly insured, the assignment of one or more insured persons' insurable interest to another does not void the insurance contract.

  第20 条凡基于有效契约而生之利益,亦得为保险利益。

  Article 20 Any interest deriving from an in-force contract may also be an insurable interest.

  第三节保险费Section 3. Premiums

  第21 条保险费分一次交付,及分期交付两种。保险契约规定一次交付,或分期交付之第一期保险费,应于契约生效前交付之;但保险契约签订时,保险费未能确定者,不在此限。

  Article 21 Premiums are categorized into two kinds: those to be paid in a lump sum, and those to be paid in installments. A lump-sum premium, if such is stipulated in the insurance contract, or the first installment of the premium, shall be paid before the contract takes effect. However, this requirement does not apply where the premium has not yet been determined at the time the insurance contract is entered into.

  第22 条保险费应由要保人依契约规定交付。信托业依信托契约有交付保险费义务者,保险费应由信托业代为交付之。要保人为他人利益订立之保险契约,保险人对于要保人所得为之抗辩,亦得以之对抗受益人。

  Article 22 Premium shall be paid by the proposer in accordance with the provisions of the insurance contract. Where a trust enterprise is obligated under a trust agreement to pay the insurance premiums, the trust enterprise shall pay the insurance premiums in the proposer's stead.

  When a proposer enters into an insurance contract for the benefit of another person, the insurer may raise the same defense against the beneficiary that it may raise against the proposer.

  第23 条以同一保险利益,同一保险事故,善意订立数个保险契约,其保险金额之总额超过保险标的之价值者,在危险发生前,要保人得依超过部份,要求比例返还保险费。保险契约因第三十七条之情事而无效时,保险人于不知情之时期内,仍取得保险费。

  Article 23 If multiple insurance contracts entered into in good faith cover the same insurable interest and the same insured event, and the total insured amount exceeds the value of the subject matter insured, the proposer may, prior to occurrence of the risk, claim a refund of the premium in proportion to the excess value. If an insurance contract becomes void due to the circumstances set

  forth in Article 37, the insurer may still collect premium during the period in which the insurer is unaware that the contract has become void.

  第24 条保险契约因第五十一条第二项之情事,而保险人不受拘束时,保险人得请求偿还费用。其已收受之保险费,无须返还。保险契约因第五十一条第三项之情事而要保人不受拘束时, 保险人不得请求保险费及偿还费用。其已收受者,应返还之。保险契约因第六十条或第八十一条之情事而终止,或部份终止时,除保险费非以时间为计算基础者外,终止后之保险费已交付者,应返还之。

  Article 24 If an insurer is not bound by an insurance contract because of circumstances set forth in Article 51, paragraph 2, the insurer may claim reimbursement of expenses. Premium already collected need not be refunded. If a proposer is not bound by an insurance contract because of circumstances set forth in Article 51, paragraph 3, the insurer may not claim payment of premium or reimbursement of expenses; where already collected, they shall be refunded. If an insurance contract is terminated or partially terminated because of circumstances set forth in Article 60 or Article 81, premium paid for the period subsequent to termination shall be refunded, except where the premium is not calculated on the basis of time.

  第25 条保险契约因第六十四条第二项之情事而解除时,保险人无须返还其已收受之保险费。

  Article 25 If an insurance contract is rescinded because of circumstances set forth in Article 64, paragraph 2, the insurer need not refund premium already collected.

  第26 条保险费依保险契约所载增加危险之特别情形计算者,其情形在契约存续期内消灭时,要保人得按订约时保险费率,自其情形消灭时起算,请求比例减少保险费。保险人对于前项减少保险费不同意时,要保人得终止契约。其终止后之保险费已交付者,应返还之。

  Article 26 Where premium is calculated based on special circumstances pertaining to increased risk as stipulated in the insurance contract, and such circumstances cease to exist during the term of the contract, the proposer may demand a pro rata reduction of premium based on the premium rate at the time the contract was entered into, to apply from the time the circumstances ceased to exist. If the insurer does not agree to a reduction of premium as set forth in the preceding paragraph, the proposer may terminate the contract, and any premium paid for the period subsequent to termination shall be refunded.

  第27 条保险人破产时,保险契约于破产宣告之日终止,其终止后之保险费,已交付者,保险人应返还之。

  Article 27 If an insurer becomes bankrupt, its insurance contracts terminate on the day that bankruptcy is adjudicated, and any premium paid for the period subsequent to termination shall be refunded by the insurer.

  第28 条要保人破产时,保险契约仍为破产债权人之利益而存在,但破产管理人或保险人得于破产宣告三个月内终止契约。其终止后之保险费已交付者,应返还之。

  Article 28 If a proposer becomes bankrupt, the insurance contract remains valid for the benefit of the creditors of the bankrupt party. However, the bankruptcy trustee or insurer may terminate the contract within three months from the day of the bankruptcy adjudication. Any premium paid for the period subsequent to termination shall be refunded.

  第四节保险人之责任Section 4. Obligations of the Insurer

  第29 条保险人对于由不可预料或不可抗力之事故所致之损害,负赔偿责任。但保险契约内有明文限制者,不在此限。保险人对于由要保人或被保险人之过失所致之损害,负赔偿责任。但出于要保人或被保险人之故意者,不在此限。

  Article 29 An insurer is liable to indemnify for damage caused by unforeseeable events or force majeure. However, this requirement is not applicable when limitations are expressly stated in the insurance contract. An insurer is liable to indemnify for damage caused by the fault of the proposer or insured. However, this rule is not applicable to loss caused by a willful act of the proposer or insured.

  第30 条保险人对于因履行道德上之义务所致之损害,应负赔偿责任。

  Article 30 An insurer shall be liable to indemnify for damage caused by the fulfillment of a moral obligation.

  第31 条保险人对于因要保人,或被保险人之受雇人,或其所有之物或动物所致之损害,应负赔偿责任。

  Article 31 An insurer shall be liable to indemnify for damage caused by employees, objects, or animals of the proposer or the insured.

  第32 条保险人对于因战争所致之损害,除契约有相反之订定外,应负赔偿责任。

  Article 32 The insurer shall be liable to indemnify for damage caused by war unless the insurance contract stipulates otherwise.

  第33 条保险人对于要保人或被保险人,为避免或减轻损害之必要行为所生之费用,负偿还之责。其偿还数额与赔偿金额,合计虽超过保险金额,仍应偿还。保险人对于前项费用之偿还,以保险金额对于保险标的之价值比例定之。

  Article 33 The insurer is liable to reimburse the proposer or insured for expenses resulting from any necessary action taken to avoid or mitigate damage. Even if the combined total of reimbursement and indemnification exceeds the total insured amount, the insurer shall pay the full combined amount. When an insurer makes reimbursement for expenses referred to in the preceding paragraph, such reimbursement is to be determined according to the ratio of the insured amount to the value of the subject matter insured.

  第34 条保险人应于要保人或被保险人交齐证明文件后,于约定期限内给付赔偿金额。无约定期限者,应于接到通知后十五日内给付之。保险人因可归责于自己之事由致未在前项规定期限内为给付者,应给付迟延利息年利一分。

  Article 34 After a proposer or insured has submitted all supporting documents for a claim, the insurer shall pay indemnification within the stipulated time period. Where no time period has been stipulated, payment shall be effected within 15 days from receipt of notification. If, for reasons attributable to itself, the insurer fails to make payment within the time period referred to in the preceding paragraph, it shall pay default interest at the rate of 10% per annum.

  第五节复保险Section 5. Double Insurance

  第35 条复保险,谓要保人对于同一保险利益,同一保险事故,与数保险人分别订立数个保险之契约行为。

  第36 条复保险,除另有约定外,要保人应将他保险人之名称及保险金额通知各保险人。

  第37 条要保人故意不为前条之通知,或意图不当得利而为复保险者,其契约无效。

  Article 35 The term "double insurance" means an act of contracting whereby a proposer separately enters into multiple insurance contracts with multiple insurers covering the same insurable interest and the same insured event.

  Article 36 In double insurance, a proposer shall, unless otherwise stipulated, notify each insurer of the names of the other insurers and the amounts insured thereby.

  Article 37 If a proposer willfully fails to make the notification referred to in the preceding Article, or obtains double insurance with the intent to acquire undue profit, the contract shall be void.

  第38 条善意之复保险,其保险金额之总额超过保险标的之价值者,除另有约定外,各保险人对于保险标的之全部价值,仅就其所保金额负比例分担之责。但赔偿总额,不得超过保险标的之价值。

  Article 38 Where double insurance has been obtained in good faith and the total insured amount exceeds the value of the subject matter insured, each insurer, unless otherwise stipulated, is liable only to provide a share of the indemnification for the total value of the subject matter insured pro rata to the amount it has insured. However, the total indemnification may not exceed the value of the subject matter insured.

  第六节再保险Section 6. Reinsurance

  第39 条再保险,谓保险人以其所承保之危险,转向他保险人为保险之契约行为。

  第40 条原保险契约之被保险人,对于再保险人无赔偿请求权。但原保险契约及再保险契约另有约定者,不在此限。

  第41 条再保险人不得向原保险契约之要保人请求交付保险费。

  第42 条原保险人不得以再保险人不履行再保险金额给付之义务为理由,拒绝或延迟履行其对于被保险人之义务。

  Article 39 The term "reinsurance" means an act of contracting whereby an insurer effects insurance with another insurer to cede risk that it has insured.

  Article 40 The insured of the original insurance contract has no right to claim indemnification from a reinsurer. However, this restriction does not apply where otherwise provided by the original insurance contract or the reinsurance contract.

  Article 41 A reinsurer may not claim payment of premium from the proposer of the original insurance contract.

  Article 42 An original insurer may not refuse or delay fulfillment of its obligations to the insured on the grounds that a reinsurer has failed to fulfill its obligation to make reinsurance payment.

  第二章保险契约Chapter II. Insurance Contracts

  第一节通则Section 1. General Provisions

  第43 条保险契约,应以保险单或暂保单为之。

  第44 条保险契约,由保险人于同意要保人声请后签订。利害关系人,均得向保险人请求保险契约之誊本。

  Article 43 An insurance contract shall be made in the form of a policy or a binder.

  Article 44 An insurance contract is to be signed and executed by the insurer after it agrees to an application submitted by the proposer. Any interested party may request a copy of the insurance contract from the insurer.

  第45 条要保人得不经委任,为他人之利益订立保险契约。受益人有疑义时,推定要保人为自己之利益而订立。

  第46 条保险契约由代理人订立者,应载明代订之意旨。

  第47 条保险契约由合伙人或共有人中之一人或数人订立,而其利益及于全体合伙人或共有人者, 应载明为全体合伙人或共有人订立之意旨。

  第48 条保险人得约定保险标的物之一部份,应由要保人自行负担由危险而生之损失。有前项约定时,要保人不得将未经保险之部份,另向他保险人订立保险契约。

  第49 条保险契约除人身保险外,得为指示式或无记名式。保险人对于要保人所得为之抗

  辩,亦得以之对抗保险契约之受让人。

  第50 条保险契约分不定值保险契约,及定值保险契约。不定值保险契约,为契约上载明保险标的之价值,须至危险发生后估计而订之保险契约。定值保险契约,为契约上载明保险标的一定价值之保险契约。

  第51 条保险契约订立时,保险标的之危险已发生或已消灭者,其契约无效。但为当事人双方所不知者,不在此限。订约时,仅要保人知危险已发生者,保险人不受契约之拘束。订约时,仅保险人知危险已消灭者,要保人不受契约之拘束。

  Article 45 A proposer may, without having been mandated, enter into an insurance contract for the benefit of another person. Should there be any doubt as to the beneficiary, it will be presumed that the proposer entered into the contract for its own benefit.

  Article 46 If an insurance contract is entered into by an agent [on behalf of another], a statement to such effect shall be made in the insurance contract.

  Article 47 If an insurance contract is entered into by one or several partners or co-owners for the benefit of all the partners or co-owners, a statement to such effect shall be made in the insurance contract.

  Article 48 An insurer may stipulate in the contract that loss to a portion of the subject matter insured arising from risk shall be borne by the proposer. When the type of stipulation set forth in the preceding paragraph is made, the proposer may not enter into an insurance contract with another insurer for the portion that has not been insured.

  Article 49 Except in the case of insurance of the person, an insurance contract may have either a specified or an unspecified beneficiary. The insurer may raise against the assignee of an insurance contract the same defense that it may raise against the proposer.

  Article 50 Insurance contracts are classified into unvalued and valued insurance contracts. An unvalued insurance contract is an insurance contract which expressly states that the value of the subject matter insured must be estimated after occurrence of the insured risk. A valued insurance contract is an insurance contract that expressly states a definite value for the subject matter insured.

  Article 51 If the risk associated with the subject matter insured has already occurred or ceased to exist at the time an insurance contract is entered into, the contract shall be void, provided that this rule does not apply when neither of the contracting parties is aware of the occurrence or cessation of existence. If, at the time an insurance contract is entered into, only the proposer knows that the risk has already occurred, the insurer is not bound by the contract. If, at the time an insurance contract is entered into, only the insurer knows that the risk has ceased to exist, the proposer is not bound by the contract.

  第52 条为他人利益订立之保险契约,于订约时,该他人未确定者,由要保人或保险契约所载可得确定之受益人,享受其利益。

  第53 条被保险人因保险人应负保险责任之损失发生,而对于第三人有损失赔偿请求权者,保险人得于给付赔偿金额后,代位行使被保险人对于第三人之请求权;但其所请求之数额,以不逾赔偿金额为限。前项第三人为被保险人之家属或受雇人时,保险人无代位请求权。但损失系由其故意所致者,不在此限。

  Article 52 When an insurance contract is entered into for the benefit of another person, if that person has not yet been determined at the time the contract is entered into, the proposer, or such beneficiary as may be determined in accordance with the content of the insurance contract, shall enjoy the benefit.

  Article 53 If an insured has a right to claim indemnification from a third party due to occurrence of loss for which the insurer bears insurance liability, the insurer may, after paying indemnification, be subrogated to the insured's right of claim against the third party. However, the amount of the subrogated claim may not exceed the amount of the indemnification. If the third party referred to in the preceding paragraph is a family member or employee of the insured, the insurer has no right of claim by subrogation. However, this rule is not applicable when the loss has resulted from the willful misconduct of such third party.

  第54 条本法之强制规定,不得以契约变更之。但有利于被保险人者,不在此限。保险契约之解释,应探求契约当事人之真意,不得拘泥于所用之文字;如有疑义时,以作有利于被保险人之解释为原则。

  第54-1 条保险契约中有左列情事之一,依订约时情形显失公平者,该部分之约定无效:

  一、免除或减轻保险人依本法应负之义务者。

  二、使要保人、受益人或被保险人抛弃或限制其依本法所享之权利者。

  三、加重要保人或被保险人之义务者。

  Article 54 Compulsory provisions of this Act may not be modified by contract. However, this restriction does not apply to modifications favorable to the insured. Interpretation of insurance contracts shall seek the true intent of the parties, and may not adhere blindly to the language employed. Where there is doubt, interpretations should in principle be favorable to the insured.

  Article 54-1 If an insurance contract contains any term or condition as follows, and such term or condition would have been obviously unfair under the circumstances at the time of signing, such part of the contract shall be void:

  1. A term or condition that exempts the insurer from or diminishes

  its obligations under this Act.

  2. A term or condition that causes the proposer, beneficiary, or

  insured to waive or limit any right they enjoy under this Act.

  3. A term or condition that increases the obligations of the proposer or the insured.

  四、其它于要保人、受益人或被保险人有重大不利益者。

  4. Any other term or condition that is materially disadvantageous to the proposer, beneficiary, or insured.

  第二节基本条款Section 2. Basic Provisions

  第55 条保险契约,除本法另有规定外,应记载左列各款事项:

  一、当事人之姓名及住所。二、保险之标的物。三、保险事故之种类。四、保险责任开始之日时及保险期间。五、保险金额。六、保险费。七、无效及失权之原因。八、订约之年月日。

  第56 条变更保险契约或恢复停止效力之保险契约时,保险人于接到通知后十日内不为拒绝者,视为承诺。但本法就人身保险有特别规定者,从其规定。

  Article 55 Except where otherwise provided in this Act, an insurance contract shall specify the following particulars:

  1. Names and domiciles of the contracting parties. 2. The subject matter insured. 3. The type of risk insured. 4. The date and hour from which the insurance liability commences and the period of insurance. 5. The insured amount. 6. The premium. 7. Causes for voidance of contract or loss of rights. 8. The date the contract is entered into.

  Article 56 When an insurance contract is modified or a suspended contract is reinstated, failure by the insurer to reject the modification or reinstatement within 10 days from receipt of notification shall be deemed acceptance. However, where this Act has special provisions for insurance of the person, such provisions shall govern.

  第57 条当事人之一方对于他方应通知之事项而怠于通知者,除不可抗力之事故外,不问是否故意,他方得据为解除保险契约之原因。

  第58 条要保人、被保险人或受益人,遇有保险人应负保险责任之事故发生,除本法另有规定,或契约另有订定外,应于知悉后五日内通知保险人。

  第59 条要保人对于保险契约内所载增加危险之情形应通知者,应于知悉后通知保险人。危险增加,由于要保人或被保险人之行为所致,其危险达于应增加保险费或终止契约之程度者,要保人或被保险人应先通知保险人。危险增加,不由于要保人或被保险人之行为所致者,要保人或被保险人应于知悉后十日内通知保险人。危险减少时,被保险人得请求保险人重新核定保费。

  Article 57 Except when due to a force majeure event, the failure of a party to an insurance contract to provide a required notification of any matter to another party, whether intentional or unintentional, may be cause for rescission of the contract by the other party.

  Article 58 When a proposer, insured, or beneficiary experiences an event for which the insurer bears insurance liability, such party shall notify the insurer within five days from becoming aware of the occurrence, except where otherwise provided in this Act or stipulated in the contract.

  Article 59 A proposer required to serve notice of circumstances that increase risk as stated in the insurance contract shall notify the insurer upon becoming aware of the circumstances. If the increase in risk is caused by an act of the proposer or the insured, and the risk is increased to the extent that the premium should be increased or the contract terminated, the proposer or the insured shall serve prior notice to the insurer. If the increase in risk is not caused by an act of the proposer or the insured, the proposer or the insured shall notify the insurer within 10 days of becoming aware of the increase in risk. When risk is diminished, the insured may request the insurer to adjust the premium.

  第60 条保险遇有前条情形,得终止契约,或提议另定保险费。要保人对于另定保险费不同意者, 其契约即为终止。但因前条第二项情形终止契约时,保险人如有损失,并得请求赔偿。保险人知危险增加后,仍继续收受保险费,或于危险发生后给付赔偿金额,或其它维持契约之表示者,丧失前项之权利。

  第61 条危险增加如有左列情形之一时,不适用第五十九条之规定:

  一、损害之发生不影响保险人之负担者。二、为防护保险人之利益者。三、为履行道德上之义务者。

  Article 60 In the event of circumstances referred to in the preceding article, the insurer may terminate the contract or propose revision of the premium. If the proposer does not agree to the premium adjustment, the contract is terminated forthwith. However, where the contract is terminated on account of circumstances stated in paragraph 2 of the preceding article, the insurer may also claim compensation if it has sustained any loss. An insurer that continues to accept the premium after becoming aware of an increase in risk, or that pays a claim after occurrence of the risk, or that otherwise expresses intent to maintain the contract, loses the rights stated in the preceding paragraph.

  Article 61 The provisions of Article 59 does not apply to an increase in risk under any of the following circumstances:

  1. Where the occurrence of damage does not affect the burden of the insurer.

  2. Where the act is done to protect the interests of the insurer.

  3. Where the act is done to fulfill a moral obligation.

  第62 条当事人之一方对于左列各款,不负通知之义务:

  一、为他方所知者。二、依通常注意为他方所应知,或无法诿为不知者。三、一方对于他方经声明不必通知者。

  第63 条要保人或被保险人不于第五十八条,第五十九条第三项所规定之期限内为通知者,对于保险人因此所受之损失,应负赔偿责任。

  第64 条订立契约时,要保人对于保险人之书面询问,应据实说明。要保人故意隐匿,或因过失遗漏,或为不实之说明,足以变更或减少保险人对于危险之估计者,保险人得解除契约;其危险发生后亦同。但要保人证明危险之发生未基于其说明或未说明之事实时,不在此限。前项解除契约权,自保险人知有解除之原因后,经过一个月不行使而消灭;或契约订立后经过二年,即有可以解除之原因,亦不得解除契约。

  Article 62 A party shall be free of obligation of notification with regard to any matter enumerated below:

  1. A matter of which the other party is aware.

  2. A matter of which the other party should be aware by paying

  normal attention or for which it would have no excuse for being

  unaware.

  3. A matter of which the other party has stated that no notice need

  be served.

  Article 63 A proposer or an insured who fails to serve notice within the time limit stated in Article 58 or Article 59, paragraph 3 shall be liable for loss sustained by the insurer as a result.

  Article 64 At the time a contract is entered into, the proposer shall make truthful representations in response to the written inquiries of the insurer. If the proposer has made any willful concealment, nondisclosure through its own fault, or misrepresentation, and such concealment, nondisclosure, or misrepresentation is sufficient to alter or diminish the insurer's estimation of the risk to be undertaken, the insurer may rescind the contract; the same shall apply after the risk has occurred, provided that this provision does not apply where the proposer proves that the occurrence of the risk was not based upon any fact that it did or did not represent. The right to rescind as stated in the preceding paragraph shall be extinguished if not exercised within one month of the time the insurer knows of the cause for rescission. Once two years have elapsed after the contract is entered into, the contract may not be rescinded even if cause for rescission exists.

  第65 条由保险契约所生之权利,自得为请求之日起,经过二年不行使而消灭。有左列各款情形之一者,其期限之起算,依各该款之规定:

  一、要保人或被保险人对于危险之说明,有隐匿、遗漏或不实者,自保险人知情之日起算。

  二、危险发生后,利害关系人能证明其非因疏忽而不知情者,自其知情之日起算。

  三、要保人或被保险人对于保险人之请求,系由于第三人之请求而生者,自要保人或被保

  险人受请求之日起算。

  Article 65 Any right arising out of an insurance contract shall be extinguished if not exercised within two years from the day when it becomes possible to exercise the right. If any of the following circumstances exists, the two-year time period commences as set forth in the following subparagraphs:

  1. If there is concealment, non-disclosure, or misrepresentation on the part of the proposer or insured in the disclosure of risk, the period commences from the day on which the insurer becomes aware of the situation.

  2. If, after a risk occurs, an interested party can prove that its lack of awareness was not due to negligence, the period will begin from the day on which it becomes aware of the situation.

  3. If the claim of a proposer or insured against an insurer arises out of the claim of a third party, the period will begin from the day on which the proposer or insured is presented with the third-party claim.

  第三节特约条款Section 3. Special Provisions

  第66 条特约条款,为当事人于保险契约基本条款外,承认履行特种义务之条款。

  第67 条与保险契约有关之一切事项,不问过去现在或将来,均得以特约条款定之。

  第68 条保险契约当事人之一方违背特约条款时,他方得解除契约;其危险发生后亦同。第六十四条第三项之规定,于前项情形准用之。

  Article 66 A special provision is a provision whereby the parties represent and warrant performance of a special obligation apart from the basic provisions of the insurance contract.

  Article 67 All matters, whether past, present, or future, that relate to an insurance contract may be stipulated by a special provision.

  Article 68 When a party to an insurance contract breaches a special provision, the other party may rescind the contract. The same rule also applies after the risk has occurred. The provisions of Article 64, paragraph 3 apply mutatis mutandis to the circumstances in the preceding paragraph.

  第69 条关于未来事项之特约条款,于未届履行期前危险已发生,或其履行为不可能,或在订约地为不合法而未履行者,保险契约不因之而失效。

  Article 69 With regard to any special provision relating to a future matter, if the related risk has already occurred before the time for performance of the provision has commenced, or performance of the provision is impossible, or the provision has not been performed because it is

  illegal in the place where the contract was entered into, the insurance contract does not for that reason become void.

  第三章财产保险Chapter III. Non-life Insurance

  第一节火灾保险Section 1. Fire Insurance

  第70 条火灾保险人,对于由火灾所致保险标的物之毁损或灭失,除契约另有订定外,负赔偿之责。因救护保险标的物,致保险标的物发生损失者,视同所保危险所生之损失。

  第71 条就集合之物而总括为保险者,被保险人家属、受雇人或同居人之物,亦得为保险标的,载明于保险契约,在危险发生时,就其损失享受赔偿。前项保险契约,视同并为第三

  人利益而订立。

  第72 条保险金额为保险人在保险期内,所负责任之最高额度。保险人应于承保前,查明保险标的物之市价,不得超额承保。

  第73 条保险标的,得由要保人,依主管机关核定之费率及条款,作定值或不定值约定之要保。保险标的,以约定价值为保险金额者,发生全部损失或部份损失时,均按约定价值为标准计算赔偿。保险标的未经约定价值者,发生损失时,按保险事故发生时实际价值为标准,计算赔偿,其赔偿金额,不得超过保险金额。

  Article 70 A fire insurer is liable, unless otherwise stipulated in the contract, to indemnify for damage or loss of the subject matter insured as a result of fire. Loss to the subject matter insured that occurs in the course of attempting to save or protect it is deemed to have arisen out of the

  insured risk.

  Article 71 When insurance is effected to cover a group of things collectively, the belongings of family members, employees, or cohabitants of the insured may also be specified in the insurance contract as part of the subject matter insured, and indemnification for loss to such items shall be made upon occurrence of the insured risk. An insurance contract referred to in the preceding paragraph shall be deemed as having also been entered into for the benefit of the third

  parties.

  Article 72 The insured amount is the maximum liability to be borne by the insurer during the term of insurance. Before underwriting an insurance policy, the insurer shall appraise the market value of the subject matter to be insured, and may not over-insure the subject matter.

  Article 73 A proposer may apply for either valued or unvalued insurance coverage of any given subject matter, at a premium rate and under provisions approved by the competent authority. When the stipulated value of the subject matter insured is the insured amount, if total loss or partial loss is sustained, indemnification shall be calculated on the basis of the stipulated value. When the value of the subject matter insured is not stipulated, if loss is sustained, indemnification shall be calculated on the basis of the actual value at the time of occurrence of the insured peril. Indemnification may not exceed the insured amount.

  第74 条第七十三条所称全部损失,系指保险标的全部灭失或毁损,达于不能修复或其修复之费用,超过保险标的恢复原状所需者。

  第75 条保险标的物不能以市价估计者,得由当事人约定其价值。赔偿时从其约定。

  第76 条保险金额超过保险标的价值之契约,系由当事人一方之诈欺而订立者,他方得解除契约。如有损失,并得请求赔偿。无诈欺情事者,除定值保险外,其契约仅于保险标的价值之限度内为有效。无诈欺情事之保险契约,经当事人一方将超过价值之事实通知他方后,保险金额及保险费,均应按照保险标的之价值比例减少。

  第77 条保险金额不及保险标的物之价值者,除契约另有订定外,保险人之负担,以保险金额对于保险标的物之价值比例定之。

  第78 条损失之估计,因可归责于保险人之事由而迟延者,应自被保险人交出损失清单一个月后加给利息。损失清单交出二个月后损失尚未完全估定者,被保险人得请求先行交付其所应得之最低赔偿金额。

  第79 条保险人或被保险人为证明及估计损失所支出之必要费用,除契约另有订定外,由保险人负担之。保险金额不及保险标的物之价值时,保险人对于前项费用,依第七十七条规定比例负担之。

  Article 74 The term "total loss" as used in Article 73 means total destruction or loss of the subject matter insured, to such an extent that it cannot be restored, or the cost of restoration exceeds the value of the subject matter insured after restoration to its original condition.

  Article 75 If the value of the subject matter insured cannot be appraised on the basis of market value, the contracting parties may stipulate its value. Any indemnification shall be based on the stipulated value.

  Article 76 Where the insured amount exceeds the value of the subject matter insured, if the contract is entered into through the fraud of one of the contracting parties, the other party may rescind the contract. If loss is sustained, the other party may also claim indemnification. If no fraud is involved, the contract shall, except in the case of valued insurance, be valid only within the limits of the value of the subject matter insured. For contracts where fraud is not at issue, after one of the contracting parties has notified the other party of the fact that the subject matter is over-insured, the insured amount and the premium shall both be reduced pro rata according to the value of the subject matter insured.

  Article 77 If the insured amount is below the value of the subject matter insured, the burden of the insurer, unless otherwise stipulated in the contract, is to be determined by the ratio of the insured amount to the value of the subject matter insured.

  Article 78 If appraisal of loss is delayed due to causes attributable to the insurer, additional interest shall accrue beginning one month from the day on which the insured presents a statement of loss. If appraisal of loss remains unfinalized two months after presentation of the statement of loss, the insured may claim pre-payment of the minimum amount of indemnification to which it is entitled.

  Article 79 Any necessary expenses incurred by an insurer or an insured to prove and appraise a loss are to be borne by the insurer unless otherwise stipulated in the contract. If the insured amount is less than the value of the subject matter insured, the expenses mentioned in the preceding paragraph are to be borne pro rata by the insurer in accordance with the ratio set forth in Article 77.

  第80 条损失未估定前,要保人或被保险人除为公共利益或避免扩大损失外,非经保险人同意,对于保险标的物不得加以变更。

  第81 条保险标的物非因保险契约所载之保险事故而完全灭失时,保险契约即为终止。

  第82 条保险标的物受部份之损失者,保险人与要保人均有终止契约之权。终止后,已交付未损失部份之保险费应返还之。前项终止契约权,于赔偿金额给付后,经过一个月不行使而

  消灭。保险人终止契约时,应于十五日前通知要保人。要保人与保险人均不终止契约时,除契约另有订定外,保险人对于以后保险事故所致之损失,其责任以赔偿保险金额之余额为限。

  第82-1 条第七十三条至第八十一条之规定,于海上保险、陆空保险、责任保险、保证保险及其它财产保险准用之。第一百二十三条及第一百二十四条之规定,于超过一年之财产保险准用之。

  Article 80 Before appraisal of loss has been finalized, the proposer or the insured may not, except in order to ensure the public interest or avoid aggravation of loss, make any alteration to the subject matter insured without the insurer's consent.

  Article 81 When something other than an insured peril specified in the insurance contract causes complete destruction or loss of the subject matter insured, the insurance contract shall be forthwith terminated.

  Article 82 If the subject matter insured sustains partial loss, both the insurer and the proposer have the right to terminate the contract. After termination, premium already paid for the portion not affected by the loss shall be refunded. The right to terminate the contract as stated in the preceding

  paragraph shall be extinguished if not exercised within one month after indemnification is paid.

  The insurer shall notify the proposer fifteen days prior to terminating the contract. If neither the proposer nor the insurer terminates the contract, the liability of the insurer for any future loss resulting from insured perils shall, unless otherwise stipulated in the contract, be limited to the balance of the insured amount after indemnification.

  Article 82-1 The provisions of Article 73 to 81 apply mutatis mutandis to marine insurance, land and air insurance, liability insurance, bonding insurance, and other types of non-life insurance. The provisions of Article 123 and 124 apply mutatis mutandis to non-life insurance of term length exceeding one year.

  第二节海上保险Section 2. Marine Insurance

  第83 条海上保险人对于保险标的物,除契约另有规定外,因海上一切事变及灾害所生之毁损、灭失及费用,负赔偿之责。

  Article 83 Unless otherwise stipulated in the contract, a marine insurer is liable, with respect to the subject matter insured, to indemnify for damage, loss, and expenses arising out of all accidents and calamities at sea.

 

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