Study On Space Right Law

Beneficial right is one of the key issues in insurance contract, But in our legislation, there are only some simple descriptions about it, such as the definition, the designation, the alteration, the extermination and so on. And among them, there are much irrationality and even blank space concerning the insurance beneficiary system in the current law of insurance. To some extent it has became a great obstacle to the development of theory and practice. The thesis try to make a systemic research on it. The essay contains six parts. In the introduction the author explains the great effectiveness and development trend of the insurance industry and the theoretical research of the Insurance Law, leading to the paper's value and the research purpose .In part one, the author defines the field of the insurance beneficial right and analyzes the nature of the insurance beneficial rightIn part two, the author puts forward that The insurance beneficiary concept is in sole possession for the life insurance contract. After analyzing the classification of the insurance beneficiary, the author suggest abandoning the concept of legal insurance beneficiary. After analyzing the way of recording the beneficiary, we should include the address of the beneficiary address of the beneficiary into the necessary items to reduce disputes about ascertaining insurance beneficiaries according to China's current conditions.In part three, the author discusses the designation and alternation of the beneficial right and analyzes the rights and obligations of the subject of the insurance law. It obtains the conclusion the stipulations about the appointment of the beneficiary is appropriate in the current insurance law in Cina. It also sets forth the relation between the insurable interest and the insurance beneficiary right and put forward the suggestion that we should accept the principle of total agreement in place of the principle of agreement and insurable interest.In part five, the author discusses the elimination of the insurance beneficial right. It expounds several concepts easy to misunderstand and relatedness about the beneficial right. The author also put several suggestions on the sixty-six of the current insurance law.In part five, the author expounds the enforcement and the limitation of the insurance beneficial right. The author holds that the creditor who paid consideration should be more protected than the pure beneficiary according to the Cancellation rights in contract law. It also explores several diffcult problems occurring in the course of exercising the insurance beneficial right according to the insured's real idea. When the beneficiary died before the insured, the insurance money should be delegated to the other beneficiaries according to their proportion. If we don't know the death time between the beneficiary and the insured, we should estimate the insured died before the beneficiary, and the insurance money should belong to the other beneficiaries or the insured's successor. According to the current stipulations in insurance law and ,the author holds that the person limited in civil capacity has imposed too heavy moral risks, so they should implies the stipulations about the person without civil capacity.