Legal analysis
Policy-holder: a person who enters into an insurance contract with an insurer and is obliged to pay the insurance premium according to the insurance contract. The applicant is a party to the insurance contract. To identify someone as the applicant of an insurance contract, two elements should be considered: (1) formal elements: one party to the insurance contract relationship. If you sign an insurance contract with the insurer in your own name, or join the established legal relationship of the insurance civil code because some legal facts replace the original applicant. (2) Substantive element-obligation to pay insurance premium. The contractual rights of the insured who lacks a certain element and is incomplete will be restricted to a certain extent. Guardianship is a legal system for minors and adult mental patients to set up special personnel to protect their interests, supervise their behavior and manage their property. Legal guardianship is the guardianship in which the scope and order of guardians are directly stipulated by law. The legal guardian may be one or more persons. Parents of minors are guardians of minors. Parents have parental authority over their children and are of course the first guardians. If a minor's parents die or have no guardian, grandparents, brothers and sisters, close relatives or friends, the unit where the parents belong and the residents' committee or villagers' committee and the civil affairs department of the minor's domicile shall take turns as guardians.
legal ground
People's Republic of China (PRC) insurance law
Article 16 When concluding an insurance contract, if the insurer makes an inquiry about the subject matter insured or the insured, the applicant shall truthfully inform it. If the applicant fails to fulfill the obligation of truthful disclosure stipulated in the preceding paragraph intentionally or due to gross negligence, which is enough to affect the insurer's decision to agree to underwrite or increase the premium rate, the insurer has the right to terminate the contract. If the right to terminate the contract stipulated in the preceding paragraph is not exercised for more than 30 days from the date when the insurer knows the reason for termination, it shall be extinguished. If more than two years have passed since the establishment of the contract, the insurer shall not terminate the contract; In the event of an insured accident, the insurer shall be liable for compensation or payment of insurance benefits. If the applicant intentionally fails to fulfill the obligation of telling the truth, the insurer shall not be liable for compensation or payment of insurance premium for the insured accident that occurred before the termination of the contract, nor shall it refund the insurance premium. If the insured fails to fulfill the obligation of telling the truth due to gross negligence, which has a serious impact on the occurrence of the insured accident, the insurer shall not be liable for compensation or payment of insurance benefits for the insured accident that occurred before the termination of the contract, but shall refund the insurance premium. When concluding a contract, the insurer knows that the applicant has not truthfully informed it, and may not terminate the contract; In the event of an insured accident, the insurer shall be liable for compensation or payment of insurance benefits. An insured accident refers to an accident within the scope of insurance liability stipulated in the insurance contract.
Article 15 Unless otherwise stipulated in this Law or in the insurance contract, after the insurance contract is established, the applicant may terminate the contract, and the insurer may not terminate the contract.
Article 14 After an insurance contract is concluded, the applicant pays the insurance premium as agreed, and the insurer begins to assume the insurance liability at the agreed time.