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任何合同的订立和履行,无不以当事人的诚实和守信用为基础,以“最大诚信”为其主要特征之一的保险合同尤应如此。现代保险是从海上保险发展而来的。早年的海上保险,投保人在投保时,要保财产即船货多已远航在外,对其实际状况施行检查已属不能。保险人是否承保以及怎样确定保险费率,那就全凭投保人对保险标的风险情况的如实告知而定了。所谓对“风险情况的如实告知”,亦即后来为各国保险立法确定的“最大诚信原则”,它是维持保险业得以正常进行的必不可少的前提条件。根据这
The conclusion and performance of any contract is based on the honesty and trustworthiness of the parties, and insurance contracts of which “utmost integrity” is one of the main features are particularly relevant. Modern insurance comes from the development of marine insurance. Early years of marine insurance, the insured in the insured, to insure the property that cargo has voyage more than the actual implementation of the inspection is no longer. Whether the insurer insured and how to determine the premium rate, it is entirely insured by the insured person's risk informed of the subject matter of the truth. The so-called “truthful notification” of “risk situations”, which is the “principle of utmost good faith” subsequently established for insurance legislation in various countries, is an indispensable prerequisite for maintaining the normal operation of the insurance industry. According to this