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Study Of The Trust Tax-related Information Transparency Legal System

Posted on:2016-05-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y LuoFull Text:PDF
GTID:2336330470464853Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the continuous development of social economy, the continuous improvement of people's living standard, more and more attention to people's life planning, insurance has become a primary choice. But with the development of the insurance business and insurance categories increases, more families to buy insurance,when divorce division of property in divorce proceedings to court issues a lot of troubles. At present, China's current "marriage law" and its judicial interpretation for the rules of the division of marital property is still not perfect, due to the particularity of insurance rights and interests has certain and insurance types multifarious, their respective property form, once facing divorce of husband and wife, too much on the division of the property ownership and differences. Our country since the implementation of the revised "marriage law" in 2001 and has three times to the "marriage law" judicial interpretation, intent on common to the society, ascription problem of the marital property disputes more intense make appropriate specification.But for only involves the segmentation of endowment insurance of insurance rights and interests, and in the face of a large number of existing commercial insurance, but I did not make corresponding provisions, difficult to adapt to the development of current property system. Therefore, the insurance belongings of husband and wife divorce segmentation are very necessary for further research. And solve the problem of good insurance belongings of husband and wife divorce segmentation, to maintain the lawful rights and interests of the parties to a divorce and promote the benign development of the social economy is emphasized.The author believed that insurance property divorce segmentation problem in the cross field of insurance law and marriage law, in the process to take into account the reduced coordination between, in the segmentation process of assets of the insurance shall be based on the basic values of marriage and family law as the guidance, the realization of the value of insurance law. Insurance property is only a form of marital property, of the division of assets of the insurance should follow basic principle of the division of property in marriage law, should control points, should take care to take care of; At the same time, it shall be disposed of in accordance with the provisions of the insurance law, aiming to continue to perform the insurance contract, promote insurance transaction smoothly, realize the value of insurance. Because there are many different kinds of insurance, the principle of various types of insurance aredifferent, cannot treat as the same. Therefore, this article only for commercial insurance rights and interests of property insurance and personal insurance rights and interests of the divorce segmentation are discussed, based on the our country insurance rights and interests of husband and wife divorce division in the defects of legislation and judicial practice, and through the division of property rights and interests of insurance and personal insurance rights and interests of the existing problems were analyzed, and put forward to perfect the proposal.
Keywords/Search Tags:Insurance rights and interests, Property rights, Property insurance, Personal insurance
PDF Full Text Request
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