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在民法中的诚信原则包括两个方面,即诚信要求和自由裁量权。随着诚信原则的发展,它已经不再局限于民法范围之中,进而扩展至民商法的各个领域。保险法更将其极至化,发展成为最大诚信原则。最大诚信原则主要适用干投保人,也适用于保险人以及保险中介人。投保人遵守该原则主要体现在如实告知和履行保证上,保险人遵守该原则主要体现在弃权和禁止抗辩上。
The principle of good faith in civil law includes two aspects, namely, the requirement of good faith and the discretion. With the development of the principle of good faith, it is no longer confined to the scope of civil law, and further extends to all fields of civil and commercial law. Insurance Law even more extreme, the development has become the principle of the utmost good faith. The principle of utmost good faith applies primarily to insured persons as well as insurers and insurance intermediaries. Applicants adherence to this principle is mainly reflected in the truthful disclosure and performance of guarantees. The insurer’s compliance with this principle is mainly reflected in the abstention and the prohibition of defenses.