Research On Insurance Beneficiary Right

In this paper, the insurance beneficial interest for the study, aimed at the concept of beneficial interest of insurance defined scientific meaning. Beneficial interest for the insurance on the one hand the nature, extent, transfer and inheritance issues such as basic research base; the other hand, the beneficial interest on insurance disputes and insurance practice of judicial cases in the practice of referring to the views of someComparative research is the main research methods used in this article. First, the Chinese mainland and Taiwan compared the insurance law, and its beneficial interest of the two scholars of different views on the insurance; then a further compare between the laws of China and important countries of the two systems, and lastly a compare between beneficial interest of insurance law and other legal branches of civil and commercial law. for example, analog Insurance Act of insurance subrogation system to make the beneficial interest of the insurance system to expand into the property insurance field, analog system for the preservation of debt beneficial interest to the insurance conditions for the exercise of a clear legal provisions, in order to achieve the legal system is designed to meet the legal needs of the real effect.The whole text is divided into five chapters except introduction and perorationChapterΙ, the main focus on insurance, meaning beneficial interest, the beneficial interest of insurance scholars to understand the meaning of the beneficial interest and legal dictionary definitions of insurance and sorted, and grouped into three types, namely, the insurance broadly beneficial interest ( Existing property insurance is also present in the personal insurance), in the sense of insurance beneficial interest (present in the personal insurance), and narrow the insurance beneficial interest (just exist in the life insurance middle), after analysis, given the views of this article; beneficial interest in the insurance, the nature, scope, in the comparison of different scholars and other countries and regions discussed in the legal requirement, given the views of this article.Chapter II discusses the beneficial interest of the main body of the insurance: on the one hand, the beneficiaries of the insurance range of beneficial interest were discussed, analyzing the pros and cons, given the views of this article; the other hand, whether the subject matter of insurance beneficiary should have an analysis of the insurance interests, and draw negative conclusions; Finally, the designated beneficiary the right to change the ultimate ownership of the right to conduct an analysis of the ultimate ownership of their rights recognized by the insured person.Chapter III discusses the beneficial interest of the exercise and limitation of the insurance issues; on the one hand, the beneficial interest of other scholars discussed in the general insurance conditions for a comparative analysis of the exercise and then put forward their views; the other hand, for special circumstances of insurance payments under the settlement, but also the exercise of beneficial interest of the insurance policy for the type of treatment, and by comparing the United States, Germany, in practice, the practice eventually come to this conclusion.Chapter IV explores the issue of insurance, the loss of beneficial interest: First, the insured, the beneficiary deliberately killed the insured person a comparative analysis of the legal effect and have come to this point of view, then to think of suicide cases, by comparing the old and new China "Insurance Law", Taiwan and Macao-related insurance laws and regulations, come to deal with China's new "Insurance Law" to modify the provisions of the conclusions; second, to explore the form of case study of the insurance practice, the insurance contract null and void on the insurance the impact of beneficial interest, and gives this point of view.Discussed in Chapter V in the preceding chapters, based on the beneficial interest of insurance in this chapter the general idea of a sound legal system and insurance beneficial interest of the legislative proposals are reviewed, mainly the front of beneficial interest of the theoretical aspects of the insurance point of view that the insurance penetration of beneficial interest of the legal the system design, the new "Insurance Law" beneficial interest of the insurance gaps in the recommendations put forward countermeasures.This study concluded that: the insurance is the content of beneficial interest of the insurance contract rights of the beneficiaries, in particular, it is the beneficiary of the insurance contract or the law based on the provisions of the insurance money to enjoy the right to know, the right to claim, and carrying out their assigned ; insurance beneficial interest in the whole field of insurance, namely, the field of property insurance and personal insurance sector also apply; insurance beneficial interest in the insurance before the accident, the nature of expectations should be defined as the right to the insurance after the accident should be defined as containing the right to identity the nature of the integrated sexual rights; Insurance beneficial interest can not be inherited or transferred.