Discussion On Insurance Beneficial Right In Insurant Contract

As the steady development of Chinese insurance industry and the strengthening of people's awareness of the importance of insurance,life insurance attracts more and more people's attention,for it holds a direct relationship with the interest of the main parties concerned in the insurant contract and the healthy and orderly development of the whole insurance industry.Insurance beneficial right is the claim to insurance compensation of beneficiary,which is the key problem of personal insurance contract. In Chinese insurance law, the unreasonable place of insurance beneficial right lead to much dispute in theory and practice. So it is significant to concentrate on the related problems of insurance beneficial right.The paper is divided into three parts. Part one is a summary to the research object of this text--The insurance beneficial right and the beneficiary. First, the origin of the beneficial right is illustrated. It is an inherent right comes into being with the signing of the contract simultaneously instead of being inherited; then the author emphasizes on analyzing the legal nature of the insurance beneficial right. The analysis has been made from the prospective of the regulations in the two major law systems and the scholars' opinions in the jurisprudential circle. So in author's point of view the nature of the beneficial right can be defined in two stages; and described the content of the insurance beneficial right. Second, the author analyzes the relevant laws about insurance beneficiary, and distinct the basic conception, classification of the beneficiary; Part two analyses the enforcement,alteration,lost of benefited right. Through learning from the advanced legislative modes of the other countries and regions, the author comment the deficiency in the insurance law; In part three, the author points out some inappropriate places of some regulations concerned with insurance beneficiary and beneficial right of Chinese law of life insurance, at the same time gives some advices to modify such inappropriate. Such conclusion has been drawn by using the method ology of comparative study and positivist jurisprudence to study the advanced legislation modals of other countries and regions and consider about the actual situation of Chinese insurance industry. The most important point is: the concept of beneficiary could be applied not only to person insurance, but also to property insurance.