Research On Insurance Beneficiary

This thesis is on insurance beneficiary with the purpose to give a scientific definition to insurance beneficiary,which intends to offer some reference to the being in amended and some suggestion to the court in hearing insurance cases as well as insurance practice.This thesis mainly uses the method of comparative research,which first made a comparation among the laws of different regions in China,then a further comparation between the laws of China and important countries of the two legal systems,and lastly a comparation between insurance law and other legal branches of private law,esp.between the legal functions or value.The thesis consists of five chapters besides the preface and the conclusion.Chapter I ,with the focus on the definition of insurance beneficiary,has made a thorough review on the legal definitions of different countries and scholars'opinions with a result of four classifications of insurance beneficiary,which are theory of all insurance beneficiary,theory of personal insurance beneficiary,theory of life insurance beneficiary and theory of insurance beneficiary with death perils.At last,the thesis has come to a new defeintion of insurance beneficiary of its own.Chapter II discusses the qualifications of insurance beneficiary in two aspects.first the qualifications of natural persons,legal persons,non-legal person organizations and animals ( including pets ) as well;second,the fundamental conditions as an insurance beneficiary,i.e.the cause of becoming an insurance beneficiary and whether insurable interest is necessary or not of beneficiary.with dependence on the cause of being a beneficiary.Chapter III has made a discussion on the range an insurance beneficiary exists,with focus on whether beneficiaries exist in property insurance and insurance not.with death as events insured against,and arrived at an affirmative conclusion.Chapter IV has made a complete classification of insurance beneficiary at different angles and explained each class with illustrations.The last class actually exist in practice,but no one has mentioned it in theory or in practice.Chapter V focuses on the comparation between insurance beneficiary and beneficiary in other civil law branches.such as donees,heirs,etc.This chapter also made a comparation between two legislative examples:insurance proceeds as heritage and not as heritage;the thesis agree with the latter.The conclusion of the thesis is that:insurance exist in property insurance as well as personal insurance;the insured is the original beneficiary as the owner of matter-in subject insured and the core insured.A third party as insurance beneficiary,called designated beneficiary,results from the insured's transfer of his benefit.If the law prescribes in writing that someone is the beneficiary,the person who gets the benefit is the legal beneficiary.