The Interest Balance Path Of The Cash Value Of Insurance Policy Enforcement

There are many different arguments about the enforceability of cash value of insurance policy in the academic circles.In judicial practice,different law courts also judge cases based on different understandings and take different enforcement measures.Therefore,the judicial practice does not coincide,there are many disputes on theory and practice.The article uses two cases as studying object to analyze the existing theoretical results and judicial practice experience in China,study the enforceability of cash value of insurance policy,and put forward some suggestions to balance the interests of relevant obligees in view of the conflict of interests caused by the compulsory termination of insurance contracts.Analyze the enforcement of policy cash value from the perspective of interest balance.Based on two cases with opposite results,this paper focuses on three issues.First,the determination of the enforceability of the policy cash value.Discusse the legal relationship and legal status between the relevant obligees of the insurance contract by analyzing the concept and the basic legal relationship,namely,the insurer,the insured and the beneficiary.Based on the different theories of enforceability,analyze the property attribute,right attribute,non personal attribute and conditionality of the cash value of insurance policies,and hold that the cash value of insurance policies can be enforced only if the attached conditions are fulfilled,i.e.when the insurance contracts are terminated compulsorily;secondly,when the insurance contracts are terminated compulsorily,the interests of relevant obligees will be out of balance.The contract is the precondition of enforcing the cash value of the policy,so it is necessary to analyze the impact of the interests of the relevant obligees.The imbalance includes: the restriction of the rights of the applicant,the increase of the adverse risks of the insurer,the loss of the interests of the insured and the beneficiary.In general,the imbalance actually exists between the rescission of the insurance contract and the maintenance of the effectiveness of the insurance contract.Therefore,to solve the problem of cash value of enforcement policy,it is first to measure the relevant rights and interests.The rights and interests that need priority protection must be fully protected.And give relief path to other damaged rights and interests through the system,to maximize the balance of the rights and interests of all parties;the third,the balance of the interests of the relevant obliges.Considering the practice and attitude of the United States and Japan on the enforcement of policy cash value and the current judicial situation in China,the author holds that the legitimate rights and interests of the creditor must be protected first,and the creditor's application must be established and insisted in the process of civil enforcement on the premise that the legitimate rights and interests of the creditor can be protected.Please clarify the role of the court as the mediator of the exhaustive enforcement measures in the enforcement process,rather than guarantee that all claims will inevitably be realized.Secondly,to balance the rights and interests of relevant obligees,the fundamental reason for the imbalance of interests caused by the compulsory rescission of the contract is that the right of arbitrary rescission of the applicant is not subject to any restrictions.Therefore,this paper proposes to limit the exercise conditions of the compulsory rescission of the insurance contract,allow the insured,the beneficiary and their designated persons to replace the performance,and expand the way of policy enforcement to maintain the effectiveness of the insurance contract,so as to achieve the goal of the balance of interests of all obligees.