Commercial Insurance Disputes In The Divorce Proceedings

Insurable interest of properties division in the divorce proceedings is involved in marriage and family law and insurance law two branches of the civil law field, the judge to resolve disputes, must be reduced to contact. There is almost no specific provisions about it,although divorce-insurance disputes involve two laws.Appeared a few problems in practice:1. The commercial insurance divorce dispute processing on the basis of fuzzy, rigid part decision to use other marriage property handling, can not take into account the reduced the principle terms; 2. For a slightly complex commercial insurance products in the divorce of ownership and property interests belong to the referee, slightly rough on problem solving, easy to cause other disputes; 3. The specific commercial insurance step ambiguous segmentation, for division of property cognition degree is not high, differentiate degree is not high.Obviously, let each divorce disputes of judges are proficient in insurance law is too exacting. Facing this embarrassed situation, in the absence of clear legislation under the dilemma, divorce insurance to solve disputes, is bound to further analyze the root cause of the problem, through rigorous logic induction, summarizes related cases treatment method, theoretical resources of different scholars point of view, strive to seek an efficient solution.In this paper, through the two case raises the main problem to discuss the divorce of commercial insurance disputes.First of all, as a special form of property insurance is different from general physical property, introduces the characteristics of commercial insurance property in marriage in order to facilitate later narrative is convenient, and also explain the unique words of the insurance.Second, starting from the marriage law and insurance law, summed up in divorce commercial insurance major principles to resolve disputes, because our country in the legislation does not deal with divorce principle to guide commercial insurance disputes, draw lessons from some countries related marital property principles, optimization principle treatment of divorce commercial insurance disputes in China.Again, the commercial insurance on the ownership of the determination of divorce is on the basis of correct understanding of commercial insurance throughout the property, comparing different cases of judgment, the cognizance of commercial insurance can be divided into the cognizance of insurance products and property interests of two parts, respectively. Finally, discuss the divorce of commercial insurance, the specific steps to personal insurance and property insurance classified research.The author through a line of the court’s work, study, observe for dealing with such cases the judge of the work mentality, and they made some related communication, in-depth analysis of divorce insurance disputes the crux, carding insurance classification, according to the order of needs to solve the problem of step-by-step, supplemented by case judgment, personal point of view.Suggestions in the future civil code will divorce insurance disputes as an important object of study, marriage, the insurance is related to the masses, between law and moral penetration has already put dispute has the very high complexity, legislation is imminent. And, pay attention to the judicial legal literacy and professional belief, positive face problems, spread the positive energy.Insurance contract is the foundation of the insurance law,the rigor of insurance law is more fair to handling the problems of the insurance law relations;marriage is a highly personal nature, solving the problem of marriage more depend on the negotiated agreement of parties.Their unique properties in divorce insurance disputes will be more outstanding,commercial insurance in marriage is very strict,divorce disputes contrast insurance disputes high degree of freedom,these need to be in the future civil code running in matching, in order to get the optimal way to solve the problem.