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Perfect The Legal System Of China's Insurance Beneficiary

Posted on:2013-01-31Degree:MasterType:Thesis
Country:ChinaCandidate:W W JiangFull Text:PDF
GTID:2216330374963402Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Insurance beneficiary system is one of the important components of the insurance system,strengthening its research is of great theoretical and practical significance. In this article I use literatureanalysis, logical analysis, comparative analysis, and interpretation method to analyze the insurancebeneficiary system-related problems, and draw conclusions and recommendations. This article iscomposed by six parts, the structure is as follows:The Introduction section describes the background and significance of the study and researchmethods, and defines the concept of beneficiary, and suggests China's Insurance Law to introduce theconcept of "policy-holder".Insurance beneficiary eligibility analysis section believes that beneficiaries have an insurableinterest is more significant than policyholders have that, and it helps protect the interests of the insured.Recommends practices established a double verification system consisting of the policyholder, theinsured and the insurer to ensure that the beneficiary for a real insurance interest. If the employers topay for employees' life insurance, whether they can become one of the beneficiaries of the employees?We conclude that employers can become one of the beneficiaries of the employees, but are subject tocertain restrictions.The beneficiary's applicable scope analysis section thought that the property insurancebeneficiaries have its rationality and the necessity, and recommends that the concept of China'sinsurance law on beneficiary with broad concepts to meet the needs of insurance practice development.The section of specifying the insurance beneficiary considers the insured should have rights tospecified beneficiaries, but need to take measures to balance the interests of policyholders, the insuredand beneficiaries to ensure the stability of the insurance contract. This part also analyzes issues whichexist in specifying the insurance beneficiary, and make recommendations.Insurance beneficiary change section clears the change of beneficiary is unilateral legal acts. Inorder to balance the interests of policyholders and the insured, suggested increasing the insured's duty toinform policy holder. In order to clear effectiveness of the annotations of the insurer, it is recommendedthat Insurance Law increased acts to expressly endorsed combat effectiveness. Recommendations on"the written form" a broad understanding, does not stick to form, to explore more real intention of theparties. Given the absolute right to change insurance beneficiaries given to policyholders or the insured,it is recommended that beneficiary changes according to rule of "subject to change", and introducing"unalterable" restrictions. Suggested our country law of insurance to affirm that will form can changethe beneficiary, but we need to provide with a reasonable period so that beneficiaries could notify theinsurer promptly.In the conclusion section of this article, all of my viewpoints, proposals and innovation spots arecollected.
Keywords/Search Tags:beneficiary, insurable interest, specify, change
PDF Full Text Request
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