To buy insurance, you must sign in person! It is illegal to sign without my signature!

(1) Legal regulations for signatures

According to the China Insurance Regulatory Commission's "Notice on Issues Concerning Regulating Personal Insurance Business Behavior" No. 133, all persons who need to be insured in accordance with the provisions of the "Insurance Law" If the policy holder can enter into or change an insurance contract for the policy holder only after the policy holder agrees, and if the policy holder designates or changes the beneficiary, it must be confirmed with the signature of the insured, and no other person is allowed to sign on his or her behalf. If the insured person has no capacity for civil conduct or has limited capacity for civil conduct, his or her guardian shall sign, and no other person shall sign on his or her behalf. If the policy holder or the insured is unable to sign due to physical reasons such as disability, the signature shall be signed by his or her designated agent.

According to the "Insurance Law", the insured's consent is mainly required in the following situations.

1． Purchasing death insurance for others must be subject to the written consent of the insured and the insurance contract stipulates that after an insured accident occurs, the insurance company will pay the amount calculated and reviewed based on the insurance liability based on the degree of loss and damage to the subject matter. Amount, parents who insure their minor children are not subject to this restriction;

2. The transfer or pledge of death insurance policy must be subject to the written consent of the insured;

3. The policyholder must obtain the consent of the insured to designate or change the beneficiary;

4. Insuring a third party other than yourself who does not have a legal marriage relationship, blood relationship, custody relationship, support relationship or support relationship must obtain the consent of the insured.

(2) The legal effect and legal consequences of signatures

The discussion of the legal effect of signatures should be divided into the following two situations.

1． Sign on behalf of the policyholder. Since the policy holder is the party entering into the contract, if the policy holder does not sign the contract, it will involve the question of whether the contract is established. Article 48 of the "Contract Law" stipulates: "A contract entered into in the name of the principal after the actor has no agency authority, exceeds the agency authority, or after the termination of the agency authority, will not be effective against the principal without ratification by the principal. , the perpetrator shall bear the responsibility. The counterparty may urge the principal to ratify it within one month. If the principal fails to express his intention, it shall be regarded as a refusal to ratify the contract. Before the contract is confirmed, the counterparty in good faith shall have the right to cancel it. "Therefore, if another person signs an insurance contract on behalf of the policy holder without authorization, it is an act of agency without authority. Unless the policy holder ratifies it later, it should be deemed that the insurance contract has not yet been established. Since the contract has not been established, naturally, It has no legal effect.

It is worth noting that Article 37 of the "Contract Law" stipulates: "If a contract is concluded in the form of a contract and before signing or sealing, one party has performed its main obligations and the other party has accepted it, the contract shall Established. "In insurance practice, although the signature on the insurance policy is signed by someone else, if the policy holder pays the insurance premium in accordance with the provisions of the insurance contract, according to the above provisions of the Contract Law, the policy holder shall be deemed to have paid the insurance premium. If the insurance contract meets the requirements for effectiveness, then the insurance contract is a legal and valid contract.

2． Sign on behalf of the insured. In insurance practice, there are three situations when signing on behalf of the insured: (1) The policy holder signs on behalf of the insured (the policy holder and the insured are not the same person); (2) An employee or agent of the insurance company signs on behalf of the insured (3) Other than the above circumstances, other third parties sign on behalf of the insured. In these three cases, no matter what the reasons are, if the signature is signed without the authorization of the insured, according to Article 34 of the Insurance Law, if it belongs to death insurance, it shall be deemed invalid. Except for death insurance, according to Article 48 of the Contract Law, this kind of behavior is an agent without authority and should be regarded as an insurance contract whose validity is yet to be determined, that is, the validity of the insurance contract is in an uncertain legal status and whether it is valid or not. It depends on whether the insured ratifies it afterwards. If the insured does not ratify the contract, the contract will be invalid. At the same time, before ratifying the contract, the insured has the right to notify the cancellation in writing. Therefore, if an insurance contract signed on behalf of the insured is later ratified by the insured, the contract will be valid; if the insured does not ratify it later, the contract will be invalid or revoked.

Article 56 of the "Contract Law" stipulates: "An invalid contract or a canceled contract has no legal binding force from the beginning." Article 58 of the "Contract Law" stipulates: "A contract is invalid or canceled After being revoked, the property obtained as a result of the contract shall be returned; if it cannot be returned or is not necessary, the party at fault shall compensate the other party for the losses suffered thereby. If both parties are at fault, they shall each bear the corresponding losses. Liability. "According to these provisions, after the insurance contract is invalid or revoked, it involves: (1) whether the insurance premium will be returned; (2) the liability for contracting fault. Among them, liability for contracting fault is the liability for damages that the parties to an insurance contract should bear when their fault in the process of entering into the contract causes the contract to be invalid or revoked.

(3) Remedies and practical treatments for signing on behalf of the insured

In summary, whether the signature is on the policy form on behalf of the policy holder or the insured, the nature of the insurance contract There are legal flaws in the conclusion procedures, and their effectiveness is uncertain or invalid, thus laying hidden dangers for the performance of the insurance contract. Therefore, in the process of purchasing insurance, you should try to avoid the occurrence of a signature on your behalf. If a policy has been signed on your behalf, the following measures should be taken to deal with it.

1． Apply for additional signature. According to legal provisions, the so-called consent of the insured includes prior consent and subsequent consent. Prior consent is permission, and subsequent consent is ratification. In order to avoid disputes and protect their own legitimate rights and interests, whether they are the policy holder or the insured, those who have not signed the insurance policy should go to the insurance company to complete the signature procedure in a timely manner to retain written evidence. A supplementary signature is essentially a subsequent ratification of someone else's act of signing on behalf of someone else. It has legal effect and is protected by law.

2． Negotiate with the insurance company. If the policy holder or the insured does not approve of the purchased insurance, they can cancel it in accordance with the law or negotiate with the insurance company for surrender, clarify the faults and responsibilities during the contracting process, and reach an agreement on the amount of the surrender; if an agreement cannot be reached, Yes, you can file a lawsuit in court.

(4) Signature matters when purchasing insurance

In order to protect their legitimate rights and interests, policyholders should pay attention to the following points when purchasing insurance.

1． No matter how close the relationship is, even between husband and wife or family members, signatures are not allowed. As mentioned above, the signature policy involves the issue of whether the insurance contract is established or valid, which has an important impact on the effectiveness of the insurance. If an insured accident occurs, compensation may not be paid. Therefore, when purchasing insurance, both the policy holder and the insured should sign personally. Do not let anyone sign on your behalf without authorization, even between husband and wife and family members.

2． If you really need to entrust another person to sign on your behalf, a written power of attorney should be issued. In addition to specifying the signature of the agent, the authorization letter should also clearly state the insurance company, type of insurance, insurance amount and other matters. If the insured type of insurance contains death liability, the insured should specifically state that he agrees to the policyholder's agreement to enter into an insurance contract with death as the condition for payment of insurance benefits, and how much the insurance amount is.

3． When it comes to inquiries from insurance companies, you should be careful when signing as it can easily lead to disputes over whether or not to inform them.