On The Beneficiary Of Property Insurance

The current insurance law of our country was passed in 1995.During the period of 25 years,this law has made great contribution to regulating the insurance market of our country and protecting the interests of every insurance subject.However,with the rapid development of market economy,the combination of insurance and other industries is becoming more and more close,resulting in many new insurance types and insurance subjects.The former,such as performance guarantee insurance,takes whether the insured performs the agreed obligations as the subject matter of insurance,while the latter,such as the agreed beneficiary in property insurance.These new insurance types and insurance subjects undoubtedly make the original special insurance contract more complex,and often can not find the corresponding norms to restrict in the current laws and regulations.Therefore,as a written law,the limitations of the current insurance law become more and more obvious with the development of the insurance industry.According to Article 18 of the insurance law of China,"beneficiary" refers to the person designated by the insured or the applicant in the life insurance contract who has the right to claim for the insurance money ".From this legal provision,we can see that the concept of Insurance Benerficiary only exists in the life insurance contract.In the insurance practice,a large number of property insurances designate the beneficiary in the form of "special agreement",which is the result of the choice of social and economic development.We can never simply and roughly attribute it to the invalid agreement.However,the lack of provisions on the beneficiary of property insurance in the insurance law leads to the different understanding of the agreement between the main body of the insurance contract and the judicial staff.In property insurance,the rights and obligations of each insurance subject are affected by the establishment of the beneficiary,which will inevitably lead to new disputes.When the judicial organ resolves such disputes,the judges of each district court have different opinions,which also leads to great differences or even contradictions in the judgments made under the same circumstances.This not only makes the rights and interests of all parties in property insurance in an unstable state,but also undermines the authority of court decisions.Therefore,the further demonstration of the beneficiaries of property insurance is not only of theoretical significance,but also of practical significance.In this paper,case study,comparative analysis and logical analysis are used to make the author’s arguments and arguments clearer.The full text is arranged as follows:The first chapter is the introduction part,which introduces the research background,research purpose and significance,research methods and innovation,literature review and paper structure.The second chapter puts forward the agreement that there is a beneficiary of property insurance in the insurance market in the form of a case,and when the court appeals to the court after a dispute arises,the courts in each region will make different decisions based on the same issue,so as to summarize the different views of the judge on the beneficiary of property insurance and lead to the theoretical discussion on this issue.The third chapter introduces the concept of the insurance beneficiary and the application of the beneficiary in the property insurance,and discusses the nature of the beneficiary in the property insurance.It holds that the beneficiary of the property insurance is the third party in the real third party interest contract.In the last section,by comparing the legislative provisions in other countries and regions,it shows that there is no regulation on the beneficiary of property insurance in our country.In the fourth chapter,it is reasonable to confirm the existence of the beneficiary of property insurance from the point of view of theoretical dispute.Then it demonstrates the feasibility of building the beneficiary system of property insurance from the theoretical basis and practical basis,and demonstrates the necessity of building the beneficiary system of property insurance from the choice of the main body of market economy and the inadequacy of the existing standard system.In the fifth chapter,based on the above point of view and practical work experience,the author puts forward some suggestions on the construction of property insurance beneficiary system.First of all,the beneficiary of property insurance should have the insurable interest in the subject matter of insurance,and its designation and change are the result of the agreement between the applicant and the insured;second,it should be clear that the beneficiary of property insurance has the priority of claim for insurance money,but is limited by the corresponding amount of the insurable interest,in addition,it should emphasize the beneficiary’s right to receive notice in the link where the interest is easy to be damaged;third,property insurance is subject to The beneficiary has its independent litigation status to obtain procedural relief.Compared with the views of other scholars,in this chapter,the author puts forward some different ideas on the identification of insurance interests,the designation and change of beneficiary’s intention,and the limitation of beneficiary’s claim for insurance benefits.As the author has been engaged in insurance practice in recent years,I have more understanding of the causes of the beneficiaries of property insurance and the true meaning of all parties.Based on these understanding,I want to put forward more practical suggestions for the construction of insurance system.The beneficiary system of property insurance is not regulated by the law of our country,and the legislation of other countries and regions is not detailed.At the same time,the domestic research and Discussion on the insurance theory is not in-depth.Therefore,there are few references to be found in the process of writing this paper,and the viewpoints and argumentation process of this paper will inevitably be insufficient.We also urge all parties to criticize it And correct.