The Interrelation Study On Beneficial Right Of Beneficiaries In Personal Insurance

Great changes have taken place in insurance internal structure and external environment since the implementation of our insurance law in 1995. In order to adapt to these changes, the National People's Congress made revision on Insurance Law on 28th of Oct 2002. The key revision is on the law of insurance profession; the main contents are the stipulations on the aspects of consent to WTO entry, admission of foreign insurance company, scientific application of insurance fund, supervision strengthening, prevention and minimization of insurance risks, but some outstanding issues appeared in the insurance judicatory practice, which have not been substantially revised in the law of insurance contract and resulted in the debase of application of insurance law. This thesis further expound the definition of the beneficiary, nature of beneficial right and put forward the concept of goodwill beneficiary by referring to the scholar' s existing theory through comparison of Chinese and foreign insurance cases. The thesis probed into some issues that, under the circumstance of co-existence of multi-beneficiaries, if the individual beneficiary forfeited the beneficial right, the insurer can not be discharged the liability of insurance payment, and research of the impact on beneficial right of the beneficiary in case the insured and the beneficiary passed away simultaneously, the insured murdered the beneficiary intentionally, the claim right of individual beneficiary beyond the prescriptive time. Furthermore, put forward suggestions on legislation improvement and expect to provide some help to the early formulation and perfection of judicial interpretation on insurance law.To analyze the interrelation of beneficial right of the beneficiary, it is necessaryto clarify the definition of the beneficiary and the nature of beneficial right. This thesis contains seven chapters. In chapter 1, through deeply analysis on the definition of the beneficiary, the author expounds that the beneficiary is not only the person who enjoys the right of claim over the insurance benefit when the insured passed away, but also enjoyed benefits when the stipulated insurance accident occurred in the survival insurance. Through further analysis on the legal characteristic and category of the beneficiary, make derivation of several common concepts such as appointed beneficiary and statutory beneficiary or original beneficiary and secondary beneficiary to prepare for the further discussion. In chapter 2, the author pays the emphasis on the qualification of the beneficiary and considers that it is a necessity of the existence of insurance beneficiary system in the property insurance, and reply on the question whether the beneficiary possess the insurance benefit,and it is reasonable to adopt enumeration and consent method in our insurance law. In chapter 3, the author analyses on the emergence of the beneficiary ,the beneficiary come into being from the appointment by the applicant or the insured .in this chapter ,the author set force the appoint method and appoint time of beneficiary ,and the restriction to the appointor in our insurance law. chapter 4 is the analysis on the conflict of beneficiary appointment ,the beneficiary right of beneficiary is originated from the appointment of the applicant or the insured. as the conflict during the designation would influence the realization of the beneficial right, therefore, it is necessary to come up for a discussion for the legal conflict in the beneficiary designation. In chapter 5, the author analyses on the nature of the insurance beneficial right and considers that the insurance right is an original obtained right. The beneficial right can only take an expectation position before the occurrence of insurance accident, but not an expectation right. The beneficial right will turn into the property right after the occurrence of insurance accident. Chapter 6 is the key part of this thesis, which analyses on the interrelation of the realization of the beneficial right. It focuses on the impact on the beneficial right...