Research On Insurance Beneficiary Right

Beneficial right is one of the key issues in insurance contract. But in legislation, there are only some simple descriptions about it, such as definition, the designation, the alteration, the extermination and so on among which, there are much irrationality and even blank space concerning insurance beneficiary system in the current law of insurance. To some extent, it has become a great obstacle to the development of theory and practice. I further expound the range of the beneficial rights system, the content and nature of beneficial rights, the exercise, limitation and extermination of beneficial rights with the beginning of the basic theory of beneficial rights by referring to the scholars existing theory. I make a full and through analysis about beneficial right, and also offer suggestions practically to perfect our legislation. Hope to do some help for the second modification.The thesis tries to make a systemic research on beneficial right. It contains six parts. In introduction, the author explains the great effectiveness and development trend of insurance industry and the theoretical research of the Insurance Law, leading to paper's value and the research purpose. In chapter two, the author discusses the master of the beneficial right, expound the general demand about the master and discuss the birth and change of the beneficiary. The law should establish the"statutory"beneficiary in the future. In chapter one, the author defines the field of the insurance beneficial right and analyses the nature of the insurance beneficial right. The author puts forward that the insurance beneficiary concept is in possession for the life insurance contract. In chapter three, the author expounds the enforcement and the limitation of insurance beneficial right. In the fourth chapter, the author discusses the elimination of the insurance benefit right. It expounds several concepts easy to misunderstand and relatedness about beneficial right. The author analyzes the extermination of the right in different situation and puts forward several suggestions on the law. The last, the author summarizes the above suggestions.