The Research On The Appointment And Change Of The Insurance Beneficiary In Personal Insurance

As to the ownership of the right to appoint and change of the insurance beneficiary,the insurance law of the PRC gives the insured this right from the perspective of respecting the personal right of the insured and preventing moral hazard.This paper analyzes two cases from the perspective of legislation,and by referring to and analyzing the foreign legislation and theory on the appointment and change of the insurance beneficiary,this paper puts forward some suggestions on the reconstruction of the ownership mode of appointment and change of the beneficiary.The first chapter analyzes two typical cases involving the beneficiary change and the relevant court opinions,thus summarizes the following problems: a.the applicant hopes to have the full right to change the beneficiary;b.when the insured does not have full capacity for civil conduct,and there are certain defects in self-expression of will,and in a relatively weak position,the insured often relies on the "designation" or "consent" of the guardian.The "designation" or "consent" exercised by the guardian on behalf of the insured is sometimes difficult to truly realize the original legislative intention of protecting the insured and maximizing his or her interests.The second chapter analyzes the current legislative status of the beneficiary appointment and change,and the concept reflected in it,and analyzes the problems of the insured having the right to appoint and change the beneficiary in the current legislation.The third chapter investigates the ownership pattern that applicants have the right to appoint and change the beneficiary and analyzes the legal status of the applicant in the insurance law of the PRC at present,combines the concept of the pattern aforementioned and examines the relevant overseas legislation,this paper points out that the current mode adopted in our country is harmful to the rights of the applicant and affects the stability of the insurance contract.The fourth chapter makes suggestions on the beneficiary appointment and change ownership mode,that is,as the general principle,it is reasonable for the applicant to have the right to appoint and change the beneficiary,and the insured's consent as the exception.At the same time,the beneficiary is required to have an insured interest in order to make up for the protection of the personal rights of the insured.