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Discussing on the Evolution and Value Orientation of the "Beneficiary Losing the Beneficiary Right" Clause

Author: LianLanLan
Tutor: FangLeHua
School: East China University of Political Science
Course: Legal
Keywords: the beneficiary the beneficiary right the qualification of benefit lose the beneficiary right
CLC: D922.284
Type: Master's thesis
Year: 2011
Downloads: 52
Quote: 0
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Abstract

The insurance beneficiary who is designated by the insured person enjoys directly the interest of the insurance contract. And whether his interest is achieved directly reflects that whether the will of the insured is achieved. In the newly revised“Insurance Law”in 2009, the insurer centrism turned to the insured centrism, various of terms tilted to the benefit of the insured. The term of“the beneficiary losing the beneficiary right”is the typical one.With the development of the insurance market, the lawsuits and insurance claims caused by the problem of“the beneficiary losing the beneficiary right”becomes more and more complicated and polybasic. The Article 64 and Article 65 in the original“Insurance Law”caused a lot of confusion to the court and the insurers because of the loop-hole and insufficiency in it. Arguing voice never stops during the lawsuits and insurance claims. After the amendment, the Article 42 and Article 43 in the new“Insurance Law”increase the protection of the interests of the insured and the beneficiary. And dispute on this issue sharply reduced which greatly promoted the development of the concept of insurance and the insurance industry.Till now, the new“Insurance Law”has been carried out for almost one year and a half. This article starts from the related concept of the insurance beneficiary, deeply analyzes the value orientation of the term of“the beneficiary losing the beneficiary right”. The article study the evolution of the terms of“the beneficiary lose the beneficiary right”in the way of comparative analysis .In addition, regarding that the shortage still exits in the newly "Insurance Law" of the above term, this article puts forward some proposals in the object of that the insurance legislation in our country becoming more and more rigorous and scientific.This article is divided into six parts:The first part introduces the system of insurance beneficiary as a brief. And analyses the background, the method and the meaning of the research to the“beneficiary losing the beneficiary right”clause.The second part starts from the relevant concept of the beneficiary right, outlines the classification of beneficiaries, compares the beneficiary and the beneficiary right with similar concepts, such as the designated beneficiary with the testamentary heir, the beneficiary with the legal heir, the beneficiary right with the inheritance. In this way, the concepts of the beneficiary and beneficiary right are clearly defined. In addition, this section also analyzes the source of the insurance beneficiary right and the nature of it, clears that before the insurance accident happens, the beneficiary right is just regarded as the qualification of benefit, and after the accident, it becomes a kind of real right, which laid the theoretical basis for the discussion of“beneficiary losing the beneficiary right”clause.The third part discusses the value orientation of“beneficiary losing the beneficiary right”clause from the following three aspects such as the preventing of the moral risk of insurance accident, the purpose of the life insurance and function of the insurance system. Also, this section discuss the legislative intent and theoretical basis of the“beneficiary losing the beneficiary right”clause.Part four is the key part of this article which discusses in detail the relevant legal issues lying on the "“beneficiary losing the beneficiary right”clause. First of all, it compares the legislative system on the“beneficiary losing the beneficiary right”clause in other countries. Based on the summary of the pros and cons in other countries, this article combines with China’s own national conditions and legislative situation, putting forward its own views. Then starting from a real case, the article gives a comparative analysis on the evolution of the“beneficiary losing the beneficiary right”clause, summing up the defect exiting in the old law and the amendments in the new law. In this way, we may have a clearer and more systematic grasp to the clause. At last, this section discusses the specific legal appliance and the problems that might occur in the purpose of a more accurate appliance to the clause. The fifth part gives advice to the“beneficiary losing the beneficiary right”clause according to the problems still exits.Part VI is the conclusion, a brief summary of the article and proposes the urgency and importance to speed up the insurance legislation.

Discussing on the Evolution and Value Orientation of the "Beneficiary Losing the Beneficiary Right" Clause

Abstract

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