On Beneficial Right Of Life Insurance Contract

Beneficial right is one of the key issues to the life insurance contract. An authentic balance in terms of rights and obligations among the insurants, the insurers, the insured and the beneficiaries can only be grasped via the reasonable design on the beneficial right by the law of insurance. Although relevant provisions regarding the beneficial right from the life insurance have been prescribed by the standing law of insurance of China, which, on one hand, give way to the existences of contradictions and inapplicable factors, on the other hand, lacks of standard stipulations on some significant issues, which triggers a rash of sticky problems nuisances to the insurance practices, legions of mistakenly-disposed claims caused by the absence of legal basis as well. The problems aforesaid ground the leaping growth and vitality of the spirit and the philosophy of insurance, putting on a dead weight on the healthy development of China's insurance undertaking. Consequently, study on the beneficial right from the life insurance contract and the neighboring issues are necessary and pressing. The author cuts into this regard from the benefit of the third party referred to in the Civil Law, standing on the shoulders of the overseas advanced law-making experience to conduct a relatively systematically and profound discussion on the beneficial right from the life insurance contract by means of comparing and exhibiting, targeting at the establishment of a set of proper adjustments and improvements to apply on the system of beneficial right from life insurance contract by the combination of marrying the reference from the mature law-making experience of other countries and regions with the specific situation in China, so as to exert the functions of the insurance system more effectively, to shield the rights of the concerned parties of the insurance contract, and to propel the insurance market onto a track of healthy and orderly development.Excluding the preface and the conclusion, this paper consists of four chapters:Chapter one highlights the definition of the beneficial right from the life insurance contract, including the connotation of beneficial right from life insurance, the theoretical basis of the beneficial right from the life insurance contract, together with the nature and content of the beneficial right from the life insurance.Chapter two is mainly about the holder of the beneficial right from the life insurance contract, including the definition of the beneficiary, mode of formation, and the sequence and proportion for claiming benefit.Chapter three features the exercise of the beneficial right from the life insurance contract, including the conditions for exercising the beneficial right, the protection and restriction applied in the course of exercise, the main issues requiring for attentions as well.Chapter four invests efforts in discussing the deprivation of the beneficial right to benefit from the life insurance contract, including the deprivation of beneficial right resulted in by the personal reasons of the beneficiary, together with the deprivation of beneficial right resulted in by causes other than the personal reasons of the beneficiary.