Legal Construction Of The Subject Status Of Beneficiary Of Property Insurance Contract

With the development of society,people's living standards are no longer satisfied with food and clothing,and their lives are becoming more and more diversified,which is manifested by the increasing demand for personal consumption of housing and cars,which leads to the loan and financing becoming the normal consumption of residents in China.At the same time,new types of cases are also increasing.In the process of consumption of residential houses,cars and enterprise commodities in the shipping industry,sellers demand the grafting of insurance and financing.Reaction in reality is the clause in the insurance contract that the financing creditor is the first beneficiary.However,since the second amendment of the Insurance Law of China in 2015,the beneficiary of property insurance contract(hereinafter referred to as the beneficiary of property insurance)has not yet been recognized as the main body of legislation.In practice,beneficiaries often agree in property insurance contracts,which has been approved by insurance sales practitioners.However,when disputes arise and disputes are resolved through judicial channels,the existing legal norms and regulations still have limitations.In practice,judicial decisions have different attitudes towards the clauses of beneficiaries of property insurance contracts,which are manifested in the phenomena of different judgments of different courts in different regions,and different judgments in the same case are common,which is not conducive to judicial unification and the protection of the rights of beneficiaries of property insurance.The agreement of property insurance beneficiaries in the legal system is of realistic necessity,which calls for the support of legal norms.Scholars appeal that in the face of the conflict between legislation and reality,we must stick to the problem as the breakthrough point,adhere to the autonomy of private law and respect the party's autonomy,and maintain the normal order of market transactions,apply the method of interpretationism to construct the balance of rights and obligations of property insurance beneficiaries,insurers and insured,which is to standardize social contradictions and solve social practice conflicts.Important methods.Therefore,this article has the value of judicial practice and legislative discussion.This paper demonstrates that the beneficiaries of property insurance have the right to receive insurance benefits.On the one hand,it lists the judicial cases of disputes between the beneficiaries of loan mortgage insurance and the practices in insurance practice.On the other hand,it studies the rationality of the existence of loan mortgage insurance and the regulation of the legal system of the beneficiaries of property insurance contracts that are not available in the insurance law.Improving the legal status of the beneficiaries of property insurance contracts and creating benefits for them will help to relieve the distress of creditors(the beneficiaries in insurance relations are equivalent to the creditors in loan mortgage business).Typical property insurance cases in which beneficiaries appear.The insurer pays the insurance premium to the beneficiary based on the occurrence of the accident.When the insurer pays the insurance premium,the debts of the insured to the beneficiary are fulfilled side by side.The insurable interest of the beneficiaries of property insurance contracts arises from the pre-contract relationship between the insured and the beneficiaries.To a certain extent,it balances the rights and obligations between the borrower and the creditor,and perfects the right relief way as the beneficiary of creditor's rights.The comparative study is the main research method adopted in this paper.The first is to compare China's legislation with Taiwan,Macao,the United States,Japan,South Korea and other countries and regions on issues related to beneficiaries of property insurance contracts.Secondly,it compares the legal issues of mortgage insurance in China mainland with those in other credit areas such as Britain,America,Germany,Japan and Netherlands,and the current situation in China that "beneficiaries of property insurance contracts" are used to protect the creditors of mortgage insurance.