Study On The Protection Of The Insurance Beneficial Right

The insurance beneficial right, which shall be limited to the personal insurance contracts with death clauses, mainly covers the right to maintain the insurance contract and the right to claim the benefits enjoyed by the beneficiary. About the nature of insurance beneficial right, it is the expectation right or just only the exceptive right before the insurance accident occurs, and it is the property right after the insurance accident occurs. That the beneficial right can be fulfilled or not is not just important to the beneficiary, but also related to the insured's purpose why he or she agrees to be as the insured.However, there are a lot of deficiencies in the protection of the beneficial right in our country. Firstly, because of the lack of legal norms, it is very hard to guarantee the beneficiary's right to maintain the contract. Secondly, because of the lack of legal norms, the beneficial right has been violated while there are conflicts between the beneficial right and other related civil rights. Thirdly, as the protection of the right to insurance claims are not enough, the insurer and the beneficiary have the opposite view whether the accident is contained in the scope of the provisions of the contract after an insurance accident occurs.After analyzing above questions, the author puts forward solutions and advices to strengthen the protection of beneficial right. Firstly, grant the beneficiary the right to maintain the insurance contract. In other words, the applicant and the insurer assume an obligation to inform the beneficiary in advance when they cancel the contract. And the beneficiary has right to decide to maintain the contract or not. Secondly, make sure to protect the beneficial right from the illegal violation while there are conflicts between it and other related civil rights. In addition to this situation where the reason why the applicant signs an insurance contract is to transfer property, the creditors of the applicant should not have the right to acquire the policy cash value or the insurance compensation as the applicant's debt. When the policy is the pledge, the pledgee can obtain the policy cash value to repay debt owed the applicant. However, if an insurance accident occurs prior to the expiration of the pledge, the pledgee shall not be entitled to request for the insurance compensation. Finally, make the insurer assume obligations to explain the contract in detail and to make some advices to the applicant before the contract is concluded. Only in this way, can we prevent the occurrence of insurance disputes clause and can ensure the smooth realization of the beneficial right.