The Research On The Division Of Life Insurance Rights And Interests In Divorce Relationship

In recent years,with the improvement of public living standards and the enhancement of insurance awareness,more and more families take various personal insurance as an important means of risk prevention and financial management,and personal insurance is gradually regarded as a special form of family property.Due to the long-term nature of the life insurance contract,complicated payment status and other characteristics,as well as the many subjects involved,there are many types of life insurance.Therefore,when the divorce of the husband and wife leads to the disintegration of the family,the disputes and disputes concerning the division of property interests involved in the life insurance contract also gradually become prominent.The existing laws and judicial interpretations do not involve the specific division of the rights and interests of the personal insurance contract,and the different types of rights and interests of the personal insurance contract have not been clearly defined.Therefore,it is necessary to combine the general principles and rules of the insurance law and the Civil Code to discuss the division of divorce property involved in the personal insurance.This paper is divided into the following four parts:The first part elaborates the basic theory of life insurance.Including the concept of life insurance,life insurance classification and related concepts,to lay the foundation for subsequent research.The second part analyzes the case,legislation and research status of the division of personal insurance rights and interests.Through the introduction and comparison of divorce litigation cases involving personal insurance rights and interests,this paper sorts out different views on the division of personal insurance rights and interests in judicial practice,leads to research questions,and introduces the legislation and research status of this issue and analyzes it.In the third part,the author thinks that we should adopt the compromise theory,that is,the principle of ownership by the beneficiary and the exception of the common property.This paper demonstrates that the beneficiary has the ownership of life insurance from the aspects of respecting the party’s intention and the exclusive property of the insurance money.However,since the current life insurance has the function of saving or financial management,this article believes that the life insurance or investment income from this part of the life insurance should belong to the husband and wife’s common property,because the principal of this part comes from the husband and wife’s common property.As for the ownership of life insurance that has not expired,this paper divides it into those that can generate cash value and those that cannot.It holds that life insurance with cash value should belong to the common property of husband and wife because the cash value is converted from premiums,while life insurance without cash value should belong to the common property of husband and wife because its general term is short and its value is small.It can be regarded as the property of the insured party and thus does not violate the principle of equity.The fourth part focuses on the treatment of personal insurance involved in divorce.First of all,this paper briefly introduces the basic principles of dealing with the husband and wife’s common property,that is,the principle of respecting the husband and wife’s will,the principle of fairness,the principle of taking care of the innocent party,the principle of taking proper care of the interests of children and women and the principle of making the best use of the material.For certain insurance benefits,it is generally distributed in accordance with the principle of fairness.For uncertain life insurance benefits,it can refer to the provisions of the American law and the Australian law.In order to protect the rights of the other spouse,the right to know can be conferred,and at the same time,the insurer can be introduced to participate in the distribution of insurance benefits,so as to reduce unnecessary contacts and disputes.For the person insurance that belongs to the common property of husband and wife,this article thinks on the basis of our country "insurance law" the insurant center doctrine thinks that should return it to the insured,and take the cash value as the basis of compensation,so as to realize the principle of the fair distribution.