Study On The Effectiveness Of Designated Beneficiaries In Property Insurance

In the view of the effectiveness of the contract clauses of designated beneficiaries in property insurance,this paper lists relevant legal provisions,judicial cases and different viewpoints of the current academia on the beneficiaries in property insurance.The theoretical basis of judging the validity of contract clauses is analyzed.Because the autonomy of private law is limited,denying the validity of contract clauses in judgment does not violate the principle of contractual freedom.According to the principle of consistency of rights and obligations,the principle of insurance compensation,the principle of insurable interests,the essence of the subject matter of insurance and other principles,draw the conclusion: the designated beneficiary in property insurance conforms to the principle of consistent rights and obligations;The insurance mode of designated beneficiary meets the requirement of insurance compensation principle.Between beneficiary and insurable property,there is quite interest definitely which can be called insurance interest.Hence the beneficiary should have the right to ask insurance;The substantial subject matter of the property insurance of such designated beneficiaries is an insurable interest;The rationality of beneficiary's existence in property insurance is proved above.Through analyzing the characteristics and nature of the beneficiary,and comparing the characteristics between the mortgagee and the beneficiary,though the part of characters of beneficiary of property insurance is similar to the insured,the existence of the beneficiary is still cannot be absorbed by the insurant,otherwise it is going to arose the problem that insurance rights and obligations of parties are defined difficultly;Although in economic terms,there are many same things between the beneficiary and the mortgagee,still exist difference.Beneficiary cannot apply the relevant regulation of hypothec person directly,what is needed is aiming at the existence of beneficiary to perfect relevant regulation gradually;The property insurance contract of designated beneficiary and the altruistic contract are similar only in form but different in substance.In the process of analyzing the theoretical basis of the existence of beneficiaries,it is proposed that the system should be formally applied through legislation.However,the possible problems in this process may be existence,and we will analyze the key points of the problems,and legislative suggestions will be made to find out what is more appropriate solutions.The main problem may be the sequence of recognized rights and existing claims after the recognition of the beneficiary's rights.Some existing legal documents make provisions on the property insurance in specific areas,but there are conflicts.As for the sequence of rights,we should not adopt the "one size fits all" approach,but make a specific analysis according to the principle of reasonable expectation in the judgment.After recognizing the status of beneficiary,it is necessary to stipulate the corresponding protection interests.When the insurance relationship is intentionally damaged by other subjects,the insurer may pay but shall recover from the applicant.The system that appoint beneficiary in belongings insurance may become a kind of means that transfers property,so we should strengthen examining when signing contract of this kind of insurance process,beneficiary must have certain insurance interest to the property.The independent status of the beneficiary in the property insurance should be recognized and the insurance claim should be made when the insurance accident happens.At the same time,relevant legislation should be strengthened as soon as possible to promote the development of the economy.