The Study On Legal Issues Related To The Change Of Beneficiary Of Life Insurance

The life insurance gives great help to the unfortunate family, so it has a general acceptance in the society. But after the event of divorce or remarriagewhich results in the change of the interpersonal relationship, people who have the beneficial power may be changed. Whether it will be changed and how to determine the beneficiary will have great influence on the interests of all parties in the life insurance. Based on the analysis of three specific cases, in the perspective of divorce and remarry, and combined with the latest regulation of <the third judicial explanation about law of insurance>,this paper has a research on the alternation of beneficiary and gives some suggestions and comments. We hope to promote the development of the life insurance in our country, and provide references for the juridical practice.Besides the preface and the conclusion, there are four chapters in the dissertation:Chapter one is about the theoretical basis of the alternation of beneficiary, and then gives a detailed description on the first case, which is about the invalid change of the beneficiary.Chapter two is about the relationship between beneficiary and inherit. It focuses on the insurable interest and the divorce to decide whether they will affect the beneficial power of the original couple. After the introduction of the American juridical practice, it gives a detailed description on the second case, which is about whether the original couple still has the beneficial power.Chapter three is about different ways of the beneficiary determinationand it makes a comment on <the third judicial explanation about law of insurance>.Then this paper gives a detailed description on the third case, which is about the dispute of the beneficial power between the original couple and the current couple.Chapter four is about the suggestions and countermeasures for this issue.The novel places in this paper are as follows: firstly, it enters with the case analysis, which makes the paper more practical; secondly, it makes a comment on <the third judicial explanation about law of insurance>, which is really new and important to this issue, and gives some suggestions and countermeasures for this issue.