The Protection And Regulation Of Property Insurance Beneficiary Contract

Legislation does’t endorse the beneficiary concept in property insurance。However, the beneficiary agreement has frequently appeared in the contract of property insurance, and being widely promoted。The limitations of the existing legal system adjustment, the judicial trial to the prudent conservative attitude of the agreement, is not conducive to the regulation of property insurance beneficiary rights and protection。In the conflict between legislation and reality, adhere to the problem oriented, reflecting on the existing legal system, by the way of explaining the theory of technique, respecting party autonomy under the premise of freedom and maintain normal market order, building rights and obligations of balance system is a perfect choice。Property insurance beneficiary contract has the realistic necessity and feasibility of legal support:for all of the safety of the financing capital, actual property rights to provide more effective protection; Insurance law or contract law, provides a certain theoretical support for the contract。Except insurance interests, respecting the autonomy of the insured, we should trade on the basis of the normal order of combined with the case to determine whether it has the right of claim. The insured intends to improve the legal status of the beneficiary for the interests of its creation, but not limited to exempt the creditors, shall be recognized the beneficiary claims, should not only regard it as the supplementary benefit recipients。In the lawsuit, it is defined as an independent third person, will be more conducive to protect the real interests of the beneficiary。Of course, the underwriter can be based on the insurance relationship and the reason of the beneficiary contract, defense rights of the beneficiary effectively. In this paper, by the underwriter to the insured and the beneficiary to receive insurance benefits of debt for the join point, building and balancing the rights and obligations system, perfecting the beneficiary’s right to relief path, will explore the value of judicial practice and legislation。...