According to the provisions of China's contract law, the contract can only take effect after being signed by both parties. If no insurance contract is signed, it is not binding on both parties. After the policy comes into effect, if there is no hesitation period, there will be some losses in surrender. If there is a hesitation period, surrender after the hesitation period can only get back the cash value of the policy.
Insurance policy, referred to as insurance policy, is a formal written proof that the insurer and the insured have concluded an insurance contract. The insurance policy must completely record the rights, obligations and responsibilities of both parties to the insurance contract. The contents recorded in the insurance policy are the basis for both parties to perform the contract, and the insurance policy is the proof of the establishment of the insurance contract. According to China's Insurance Law, the establishment of an insurance contract does not depend on the issuance of an insurance policy. As long as the insured and the insurer reach an agreement on the terms of the contract, the insurance contract is established. Even if no insurance policy is issued, the insurer shall be liable for compensation. Unless the parties to an insurance contract agree in the contract that the insurance policy is the effective condition of the contract.
The insurance policy must clearly and completely record the rights and obligations of both parties. The insurance policy mainly states the names of the insurer and the insured, the subject matter insured, the insured amount, the insurance premium, the insurance period, the scope of liability for compensation or payment and other specified matters. According to the applicant's application, the insurance policy is signed by the insurer and handed over to the insured. Insurance policy is the main evidence for the insured to claim compensation from the insurer when he suffers losses due to an accident, and it is also the basis for the insurer to collect insurance premiums.
The conclusion of an insurance contract is a legal act of both the applicant and the insurer, and the agreement between the two parties is the basis of the contract. The two parties to an insurance contract reach an agreement through offer and acceptance, and the insurance contract is established. However, the establishment of an insurance contract does not mean that the insurance contract will take effect of course, and the insurance contract must also meet the statutory conditions for taking effect or perform certain procedures. Unless otherwise stipulated by law or contract, the entry into force of insurance contract is the beginning of insurance rights and obligations. The entry into force of an insurance contract means that the insurance contract concluded by the parties is not legally binding because it does not meet the entry into force conditions stipulated by law.
Invalid insurance contract is characterized by:
1, illegal, that is, violating the law and public order and good customs;
2. It is invalid from the beginning, that is, it has no legal effect because it is illegal;
3. Invalidation does not need to consider whether the parties advocate or not, and the court or arbitration institution can take the initiative to review and confirm that the contract is invalid.