A Study On The Claim Right Of Property Insurance Beneficiary

In July 2020,the Supreme People’s Court issued relevant documents to further improve the retrieval mechanism of similar cases,so as to ensure that the same case can be judged together.However,in the field of insurance law,problems such as the identification of property insurance beneficiaries and the exercise order of insurance claims have been perplexing judicial practice,even there are different courts in different regions and even different levels in the same region have different judgments in the same case.Therefore,it is of great significance to study the related topics of property insurance beneficiaries in China,which is not only a further interpretation of the law and a response to the needs of reality,but also conducive to the realization of the same case and the same judgment,and help to unify the application of the law.To sum up the relevant discussions of property insurance beneficiaries in the legal theory circle,there are two kinds of situations: positive and negative,and so is the judicial practice.However,with the increase of the number of property insurance beneficiaries for the purpose of guarantee,the positive theory gradually occupies the mainstream.This paper is based on the situation of setting up property insurance beneficiary for the purpose of guarantee,and relevant discussions are all within this scope.Under this premise,it is worth discussing what kind of attribute the beneficiary’s right to claim insurance money has and what kind of legal consequences it causes.This paper is divided into six parts: the first chapter introduces the problems and paves the way for the discussion of the article;the second chapter discusses the current situation of the identification of property insurance beneficiaries,from theoretical differences to judicial disputes,confirms that this paper adopts the affirmation of property insurance beneficiaries,and discusses the legal structure in the form of analysis and judgment for the remaining problems of the affirmation;the third chapter discusses the property insurance beneficiaries Firstly,it analyzes the status of the insured and the beneficiary in the insurance law,discusses and compares the special nature of the claim of insurance money,and then puts forward the possible interpretation paths,including the assignment of creditor’s rights,the contract of the third party’s interests,the pledge of creditor’s rights,the assignment of guarantee and so on The main point of this paper is to explain the beneficiary’s claim of insurance money with the future assignment guarantee of creditor’s rights.Based on the theory of security right constitution of assignment guarantee,this paper analyzes thebeneficiary’s claim of insurance money from the aspects of right formation and right exercise.The fifth chapter discusses the relationship between the beneficiary’s claim of insurance money and other security interests Finally,the sixth chapter is the summary of this paper.Through the analysis and comparison of different views and case judgments,this paper draws the following conclusions: 1.There are beneficiaries in property insurance.2.The insurance beneficiary has an independent status of insurance law,and its independent status comes from the designation and recognition of the insured.3.Explain the insurance claim of property insurance beneficiary by the way of future assignment of creditor’s rights.On this basis,we can confirm the order of the right to claim insurance money and solve the problems in judicial practice.4.The beneficiary’s right to claim insurance money is limited to some extent.Including the power setting and the restriction of the exercise of rights.5.The beneficiary’s right of claim for insurance money overlaps with other security interests in functions and rights.It includes the general mortgage right and the mortgage right of the price creditor’s right,and the merger does not affect the guarantee property of their respective rights.