中华人民共和国保险法英语翻译：第三节人身保险合同（中英对照）

Section 3 Contract of Insurance of Persons

Article 51 A contract of insurance of persons is an insurance contract insuring a person's life and body.

The contract of insurance of persons mentioned in this Section is briefly referred to as "the contract," unless specified otherwise.

Article 52 The applicant has insurable interests over the following persons:

The applicant himself/herself;

The applicant's spouse, children and parents; or

Other family members or close relatives, apart from the aforementioned, who have relations of fostering, supporting and maintaining with the applicant.

Notwithstanding the foregoing, with the consent of the insured to enter into a contract for the insured, the applicant shall be regarded as having an insurable interest on the insured.

Article 53 If the age of the insured is not correctly given by the applicant, and the actual age of the insured does not fall within the age range specified by the contract, the insurer may terminate the contract and return the premiums to the applicant after deducting expenses therefrom. However, this does not apply to contracts which have been in force for two (2) years or more.

In the event that the applicant has misstated the age of the insured, thus underpaying the premiums, then the insurer shall have the right to correct the misstatement and request the applicant to pay the balance, or to reduce the payment of the insurance benefits in proportion to the amount of premiums actually paid to the amount that should have been paid.

In the event that the applicant has misstated the age of the insured, thus overpaying the premiums, then the insurer shall return the overpaid portion to the applicant.

Article 54 An applicant shall not apply for and the insurer shall not underwrite an insurance of persons that stipulates death as a prerequisite for the payment of the insurance benefits on a person without civil legal capacity.

The restriction stipulated in the preceding paragraph shall not apply to the case where parents apply for insurance of persons on minor children. However, the total amount of the death benefits shall not exceed the limit as stipulated by the financial supervision and regulation department.

Article 55 A contract stipulating death as the prerequisite for the payment of the insurance benefits is not valid unless its amount is consented to in writing by the insured.

An insurance policy stipulating death as the prerequisite for the payment of the insurance benefits shall not be transferred or mortgaged without the written consent of the insured.

If parents apply for an insurance of persons on their minor children, the restriction stipulated in paragraph one of this Article shall not apply.

Article 56 After the establishment of the contract, the applicant may pay the premium by a single premium or by installments in accordance with the terms of the contract.

If the contract stipulates that the premium is to be paid by installments, the applicant shall pay the first installment at the inception of the contract and the other installments as scheduled.

Article 57 If the contract specifies payment of the premiums by installments and the applicant has paid the first installment but fails to pay any subsequent installments within a sixty (60) days grace period, the contract shall lapse, or the insurer shall reduce the insured amount in accordance with the contract, unless specified otherwise in the contract.

Article 58 A contract which lapses in accordance with the preceding Article can be reinstated provided that the insurer and the applicant have reached an agreement and that the applicant has paid the outstanding premiums. However, the insurer has the right to terminate the contract if no agreement has been reached by both parties within two (2) years from the date of the lapse of the contract.

When an insurer terminates the contract in accordance with the preceding paragraph, and the applicant has paid the premiums for two years or more, the insurer shall return the cash value of the policy to the applicant in accordance with the contract. In the event that the applicant has paid the premiums for less than two years , the insurer shall return the premiums to the applicant with the expenses deducted therefrom.

Article 59 The insurer shall not resort to legal proceeding to demand the payment of the insurance premiums of insurance of persons from the applicant.

Article 60 The beneficiary of the insurance of persons shall be designated by the insured or the applicant.

The designation of the beneficiary by the applicant is subject to the approval of the insured.

If the insured is a person without civil legal capacity or a person with limited civil legal capacity, the beneficiary may be designated by the guardian of the insured.

Article 61 The insured or the applicant may designate one or more persons as the beneficiaries.

In the event that there is more than one beneficiary, the insured or the applicant may specify the order of distribution of the payment of the insurance benefits and their respective proportions; in the absence of such specifications on proportions, all the beneficiaries shall share the benefits on an equal basis.

Article 62 The insured or the applicant may change the beneficiary by a written notice to the insurer. The insurer shall endorse the change on the policy upon receipt of the notice.

The applicant may change the beneficiary subject to the consent of the insured.

Article 63 In the event of the death of the insured, the payment of the insurance benefits shall be treated as part of the estate of the insured, and the insurer shall pay the insurance benefits to the legal heirs of the insured, if :

there is no designated beneficiary ;

the beneficiary dies before the insured without other beneficiary being designated ; or

the beneficiary forfeits or surrenders his/her right as such in accordance with laws without other beneficiary being designated.

Article 64 In the event that the applicant or the beneficiary have intentionally caused the death, disability or illness of the insured, the insurer shall bear no obligation for payment of the insurance benefits. In the event that the applicant has paid premiums for two (2) years or more, the insurer shall, in accordance with the contract, return the cash value of the policy to other beneficiaries, if any.

If the beneficiary has intentionally caused the death or disability of the insured, or attempted to cause the death of the insured or the beneficiary shall lose his/her right to claim the insurance benefits.

Article 65 When a contract stipulates death as the prerequisite for the payment of the insurance benefits then the insurer shall have no obligation for the payment of the insurance benefits if the insured commits suicide, except for the event stipulated in paragraph two of this Article. However, the insurer shall, in respect of the insurance premium already paid by the applicant, return the cash value of the policy in accordance with the terms of the contract.

When a contract stipulates death as a prerequisite for the payment of the insurance benefits, the insurer may effect the payment of the insurance benefits in accordance with the contract if the insured commits suicide two (2) years or more after the formation of the contract.

Article 66 In the event that the insured has died or was disabled as a result of intentionally committing a crime, the insurer shall have no obligation to effect the payment of the insurance benefits. If, however, the applicant has paid premiums for two (2) years or more, the insurer shall return the cash value of the policy to the insured in accordance with the contract.

Article 67 If the insured suffers from death, disability, or illness as a result of a third party's conduct, the insurer shall have no right of subrogation against the third party after the payment of the insurance benefits.

Article 68 If an applicant who has already paid in full the insurance premiums for two (2) years or more, terminates the contract, then the insurer shall return the cash value of the policy within thirty (30) days after the receipt of the notice of termination in accordance with the contract. If the applicant has paid the insurance premiums for less then two (2) years, then the insurer shall return the remaining premiums after deducting expenses in accordance with the contract.