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Insurance Beneficiary Theory

Posted on:2008-09-12Degree:DoctorType:Dissertation
Country:ChinaCandidate:Z A YinFull Text:PDF
GTID:1116360218961314Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Besides the insured as a statutory beneficiary, a designated beneficiary is also likely to exist either in personal insurance or in property insurance.On the one hand, as the owner or creditor of the subject matter of property insurance, or as the personal obligee of the subject matter of personal insurance, the insured is sure to be the statutory beneficiary; on the other hand ,the insured ,as the statutory beneficiary ,has the right to designate a third party beneficiary according to the principle of private autonomy.The insured being the beneficiary results from the law,and the third party to be a beneficiary is based on the insured's designation or based on statutes, for instance,under the circumstance of the insured's decease.Therefore,there are two means of beneficiary's creation.The function of the principle of insurable interest is to avoid gambling and to prevent moral hazard.The insured as the statutory beneficiary must always have insurable interest in the subject matter of insurance ,and has unlimitedinterest in the subject matter of life insurance——his/her own life,body andhealth.The third party beneficiary has insurable interest in the subject matter of insurance either because of economic relationship or family relationship;if the third party beneficiary doesn't have the above two relationship with the insured ,he/she can be designated as beneficiary by the insured.This thesis consists of two parts,besides the preface and the tag.The first part has four chapters and the second part has two chapters.Altogether,the thesis is composed of six chapters.The four chapters in the first part are: Chapter I,The Definition of Insurance Beneficiary, Chapter II, the Scope of Insurance Beneficiary'Existance, Chapter III,Must A Insurance Beneficiary have Insurable Interest?Chapter IV,The Classifcation of Insurance Bnenficiaries.Chapter I puts forward the issues of the scope of insurance beneficiaries,the means of beneficiary's creation,Is insurable interest required of a beneficiary? the classification of insurance beneficiary and so on,which provides the topic of the thesis in the following. In Chapter II ,the author first analyses the situations where beneficiary exists in property insurance and then discusses the theoretic foundations of insurance beneficiary's existanc in property insurance,makes a legal investigation of property insurance beneficiary, gives some illustrations of beneficiary existance in property insurance and then comes to the conclusion that beneficiaries,whether statutory beneficiary or designated one both exist in property insurance.In Chapter III, first declares that the prevailing view that insurance applicants or proposers are required to have insurable interest is wrong from the point of the function or goal of the nsurable interest,and states that beneficiaries should have insurable interest from the theoretic and practical points.Chapter IV enumerates seven classifications of insurance beneficiary:which are 1)life insurance beneficiary and property insurance beneficiary; 2)designated beneficiary and statutory beneficiary; 3)revocable beneficiary and irrevocable beneficiary; 4)single beneficiary and plural beneficiary; 5)primary beneficiary and secondary beneficiary; 6)first party beneficiary third party beneficiary and 7)nominal beneficiary and substantial beneficiary.The second part consists of two chapters.Chapter V discussing one means of beneficiary's creation—designation,points out that the insured has the right to designate beneficiaries because of his being the owner or obligee of the subject matter of insurance,and that the applicant or proposer can designate beneficiary is based on the insured's concealed authorization and his status of the contractor of the insurance contract.This chapter also makes a study of the modes of beneficiary designation,the ways of beneficiary designatin,the conception of beneficiary designation,the nature of beneficiary designation and the effect of beneficiary designation.In Chapter VI, the other means of Beneficiary's Creation—Statute Making,the author fisrt criticise the opinion of beneficiary presumption by analyzing its falsehood,and argue that we should abandon the means of beneficiary presumptiob;then,the thesis makes a careful study of statutory creation of beneficiary by giving its reasons ,illustrations of statutory examples.
Keywords/Search Tags:Insurance, Insurance Contract, Beneficiary, Beneficiary's statute making, Beneficiary's, designation
PDF Full Text Request
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