Research On The Revocation Right Of The Insured Person On The Death Insurance

The respect for the personalities of insured person is a major feature of Insurance contract.For the spiritual care of insured person,four main types of consent rights are embodied in the Insurance Law,including the consent of the insurance interests,the right ti consent of the death insurance,the consent of transferring and inpawning insurance policy,and the consent of changing the beneficiary.Judicial Interpretation III have established that the insured person can revoke the right to consent of the death insurance,the revocation right is not only theoretically feasible,but also can solve practical problems.However,the law is too simple to comprehensive,there are some issues of the revocation right to be further studied.In this paper,the revocation right of insured person was comprehensively discussed.Based on the discussion on the revocation right of insured person on the death insurance,the feasibility of withdrawn of other three kinds of consents were discussed,and some modifying and perfecting suggestions for the revocation right were also offered.The revocation right provides optimal security for the personality interests of the insured person,but the reasonable expectations for the applicant and the insurer should also be protected.On the one hand,the revocation right on the death insurance and the revocation right on specifying and changing the beneficiary must be clarified.The death clause is relieved when the applicant received the written notice from the insured,the insurance company has the right of defense only in the case that the company hasn't received the notice.Meanwhile,minors have limited ability to perform their rights,the behavior of minors should be compatible with the capacity of civil rights,considering minors have not complete civil capacity to perform the revocation right,whether the legal agent or the agent by discuss can perform the revocation right should be discussed separately:if the insured person is minor,the revocation right has been approved by parents,the agreement of cancellation can be deputized by parents,but beyond that,the right of cancellation has personal specificity,and it's undesirable to agent the right by discuss.On the Judicial Interpretation III,the death insurance includes all insurance involving death clause.If the insured person perform the revocation right,it means that the death clause is relieved.On the other hand,it's unreasonable that the insured person can revoke the agree about the insurance interests,because the priority to the contract's stability should be given.Besides,transfer or pledge the policy is the applicants' right to use their own savings,the cancellation of the agreement on transferring or pledging the policy reduces the efficiency of insurance transaction,therefore,the consent of transferring and inpawning insurance policy shouldn't be revoke.