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On the Introduction of Viatical Settlement into China

Author: HongChunChang
Tutor: HeLiXin
School: Xiamen University
Course: Civil and Commercial Law
Keywords: Viatical settlement Transfer of beneficial right Insurable interest
CLC: D922.284
Type: Master's thesis
Year: 2009
Downloads: 167
Quote: 2
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Abstract

Viatical & life/senior settlement(collectively called viatical settlement) is a secondary transaction among the viator, viatical settlement provider and investor who are the main subjects in the process. This text makes a preliminary analysis on the basic issues of this transaction from the aspect of the transfer and legal form ofbeneficial right combined with the current regulations of U.S.--NAIC MODELsand both the legal system and current situation of China, to discuss the possibility of introducing viatical settlement to this country.The whole text includes three parts, the introduction, main body and conclusion. There are three chapters in the main body as follows:Chapter One is an key to viatical settlement. From the aspects of concept, characteristics, process of dealing and legislation to depict a general picture.Chapter Two is the theoritical analysis on the possibility of introducing viatical settlement to this country which includes some important legal system under Insurance Law of P.R.C such as insurable interest, transfer of the beneficial right and securization of which the analysis on viatical settlement contract is the most important.Chapter Three includes the introduction of the real demand of viatical settlement in China and the system frame for its practice.The dicussion is based on thetendency of aging of population,the increasing number of terminal and fatal disease and the shortage of medical care.The text also makes a final expendition on the revise of insurable interest in Insurance Law of P.R.C.,core issues in securization such as SPV and some methods to enhance the development of viatical settlement.

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