On The System Of Beneficiary And Beneficial Estate

The beneficiary, as one of the important interested parties of the insurance contract, is the ultimate recipient of the contractual intrest. The exercise of the beneficial estate which is the basic rights of the beneficiary concern contents of a good many fields of Civil law. However, due to the fact that the research on the beneficiary and beneficial estate in China is still at its elementary step, the legal rules are so comparatively hysteretic that can not meet the needs of the development of the social economy and the insurance market. The author, therefor, intend to make an on-the-spot investigation on this issue through a comparative analysing and empirical study approach, to put forward some suggestions to perfect the defectiveness of the present legal rules about the beneficiary and beneficial estate in our country, with the expectation to be of some help for the new insurance law in the near future. There are three chapters in this full text.Chapter 1, Systems of the beneficiary. Inspected on the meaning, the qualifications and the application of the beneficiaries. Elaborated the attribution of the rights to designate a beneficiary, the mode and the limitation of the designation. Introduced the legal ground of the modification of the beneficiary, the mode and the limitation.Chapter 2, Systems of the beneficiary estate. Putting emphasis on the legal nature of beneficiary estate according to the relationship between the beneficiary and his/her beneficial estate, made clear the main contents and the exercise requirements of it. On the issue of the protection and limitation of the beneficial estate, unfolded the discussion on its protection in the crediter's recourse and policy transfer, then, probe into the reasons and legal effects of the forfeit of beneficial estate.Chapter 3, To perfect the system of the beneficiary and beneficial estate. This chapter is a summary bases on the statements of Chapter 1 and Chapter2.Through the references of the foreign advanced experiences and practices, put forward suggestions on the perfection of the beneficiary and beneficial estate system, combining the reality of China.