Research On Insurance Beneficiary Rights

Beneficiaries for the object of study, aimed at beneficiaries, change, loss angle discourse to be the beneficiary theory to analyze the loopholes in current law, and resolve judicial disputes of the practice of the beneficiary and insurance payment problems. Take comparative law analysis, research methods through the analysis of the theory and practice of the modern rule of law, the National Insurance Law,starting from the loopholes in the existing law, be able to grasp the overall beneficiaries.In addition to the preamble and conclusion, is divided into five parts.The first part of the question, will be the beneficiaries of China’s existing insurance law issues summarized. From the beneficiary, the beneficiary changes, loss of the right of the beneficiary and beneficiaries of the scope of the four angles.The second discusses the scope of the insurance contract exists for the beneficiary to start:doctrine dispute from the scope of beneficiaries, if there beneficiary of a critical analysis of the property insurance, the establishment of a purpose (to prevent moral hazard from the characteristics of the subject matter of property insurance and life insurance contracts) point of view, concluded that only exists in favor of a life insurance contract.The third part discusses the way of Insurance Beneficiary:Specify made and statutory achieved. Current law, to obtain the specified principal attribution in the manner specified and specified the right to limit several angles, are discussed in detail,and thus their opinions. At the same time, our law does not expressly provide a statutory achieved, to allow statutory obtain the necessity and possibility of the way.Part IV part discusses the change of beneficiaries, the drawbacks to the beneficiaries of the change in current law, drawing on the legislation of the country under the rule of law and permission to change the beneficiary, the beneficiary to change the way the point of view, come to our existing law should change the beneficiary to take limited direct change the right of the insured person exclusive, contract changes to be improved, while perhaps the legality of a will to change.Part V discusses the loss of the rights of beneficiaries, through the limitation, the contract is invalid, the beneficiary intentionally lethal insurer, the insured commits suicide, the insured deliberately commits crimes that point of view, referring to foreign legislations, analyze the current situation of China’s Insurance Law trying to comprehensive to the beneficiary the right to lose the case to summarize, in order to solve the problem in practice.It concluded as follows:the generation of beneficiaries can be specified to obtain, can also be legal to obtain. Insurance law should recognize the existence of statutory obtain and to be improved. Specify obtain the main attributable to the insured, in the manner specified specified for direct and indirect, the power of appointment should be limited. Change shall be vested in the insured, the change in the form allows a will to change exists and the contract change to explain the change should be limited direct’. Beneficiary rights loss, including loss of aging, the contract is null and void the loss of the beneficiaries deliberately death was loss of the insurer, the insured commits suicide loss, the insured intentional crime to lose. The beneficiary receives the life insurance contract.