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Rights Protection Of Insurant In The Life Insurance Contract

Posted on:2013-01-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y F LeFull Text:PDF
GTID:2246330371987870Subject:Law
Abstract/Summary:PDF Full Text Request
In the life insurance contract relations, insurant is the core of the insurance contract, control the insurance contract fate and the ownership of the interests, so the construction of the insurance system should always around the insured’s power and on duty. This paper is divided into four parts, through the analysis and life insurance contract and insurant has characteristics, and then integrated analysis in life insurance contract relationship of the insured shall have the right, and in view of the current situation in legislation in our country and put forward that strengthening the protection of the insured for specific Suggestions.The first part of life insurance is pointed out that the survival or death of insurance accident, in insurance accident happens, the underwriter gives pay insurance gold by certain insurance. Because life insurance contract to the life and health serve as insurance mark, it has the personal specificity, cycle is long, investment and deposit sex etc. Characteristics.The second part through the analysis of the connotation of the insured, it is concluded that the insured property or person is protected by the insurance contract and in after insurance accident happens enjoys insurance gold to conclusion. Whereas on the mainland legal system country, as the core of the relationship between insurance insurant did not have the subject status of the parties to the contract, in comparison to the underwriter, natural vulnerable position, so the insurance law should always based on how to ensure the insured’s personal interests and rational configuration of legal resources.In the third part of a comprehensive analysis on the comprehensive legal relationship in case life insurance contract relationship of the insured shall have the rights. Through the analysis, the author concluded that life insurance contract in the relationship between the insured shall have agreed to suspend, answer effect, right, modification, rescission, insurance gold to the third person, any right to repeat insurance, doubt unfavorable interpretation, and many other rights, and to our country stipulated in the current of the shortcomings of the right parts are discussed.The fourth part mainly puts forward life insurance contract insurant rights protection advice. In China in2009,"insurance law" not implement the insured person standard, to insurant rights protection there are still some defects. Through the legal analysis, suggested that our department formulate detailed rules for implementation, with the consent of the insured to cancellation right, the right to know, the right to substitute, strengthen to person insurance insurant interests of special protection.
Keywords/Search Tags:life insurance, Insurant, Rights protection
PDF Full Text Request
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