| 關 鍵 詞： |
擔保條款；契約基礎條款；嚴格遵守原則；因果關係；契約終止權 |
| 中文摘要： |
英國保險法上擔保條款制度因奉行「嚴格遵守原則」致生之不公平，久為人所詬病。英格蘭暨蘇格蘭法律委員會基於強大之改革聲浪要求，近來又重新邁出改革此制度之腳步，朝向追求當事人間公平之路前進。本次改革重點有三：廢止契約基礎條款、由告知義務取代確認擔保條款，及在允諾擔保條款內加入因果關係要件。質言之，本制度規範目的已由「促進保險交易效率」往「追求當事人間公平」移動。對身為制度繼受國之我國而言，此次變革誠值注意。
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| 英文關鍵詞： |
Warranties；Basis of the Contract Clauses；Strict Compliance；Causal Connection；Repudiate |
| 英文摘要： |
Warranties in English insurance law have been bitterly criticized over the past few centuries, owing to its principle of strict compliance and draconian effects. In view of that, English and Scottish Law Commissions tentatively propose three recommendations as follows: First of all, "basis of the contract" clauses should been abolished in principle, as such clauses allow insurers to use a form of words that few policyholders understand to extend the protections already available to them for misrepresentation to cover answers that are not material to the risk, or are made without fraud or negligence. In addition, all statements of past or existing fact should be treated as representations rather than affirmative warranties. Eventually, insurers should not be entitled to rely on a breach of warranty unless the insured was supplied with a written statement of the warranty either before the contract was made, or as soon as possible thereafter. Moreover, the commissions provisionally propose that the law for both consumer and business insurance should afford policyholders some protection against claims being denied for a breach of warranty unconnected with the loss. That is to say, the insurer should pay a claim where the insured can prove on the balance of probabilities that the event constituting the breach did not contribute to the loss. To sum up, instead of being in pursuit of trade efficiency, warranties in English insurance law have been moving to strive for strike a fair balance between the interests of insurers and insureds－it's a way from efficiency to equity.
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| 目 次： |
壹、前言
貳、擔保條款之源起
參、英國保險法之擔保制度簡介
肆、英國有關擔保條款之改革
伍、結論
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