A Look At The Transfer Of Life Insurance Policy

The transfer of life insurance contract is different from transfer of general contracts. It has its unique legal attribute. The life insurance contract has the nature of property rights attribute determines many transfers in real life. But life insurance contracts in legislation in our country is still less, which makes the transfer have some special problems. We need further exploration.it is necessary to deeply understand the nature of the life insurance contract.Based on the an analysis of the life insurance contract, we find the crux of the conflict to put forward some advices.This paper,has a total of five chapters. The first chapter introduces the life insurance contract and some concepts relating to transfer of the life insurance contract. The life insurance contract main body is divided into parties and participants of two parts. In addition, it involves the interests of the insurance theories.Chapter 2 comes to talk about the general theory of debt transfer contract bonds, including the transfer of creditor’s rights and debts general transfer theory and the other party’s defense of the third party payIn this paper, the third chapter is the interpretation of the life insurance policy’s transfer and apply. When comes to the legal basis for the life insurance policy, it may be assigned in the first place. Although the single from the perspective of the provisions of law, the transfer of life insurance policy and the pledge, there is no specific provision. According to the special circumstances shall not be arbitrarily transferred or mortgaged. Then it has carried on the analysis of life insurance policy transfer target, by comparing the civil law for the subject matter of the regulation and the beneficiary system to illustrate different transfer target of China’s life insurance policy should be how to understand. And it is concluded that the written document life insurance policy is not only the life insurance contract, but a part of the life insurance contract.The fourth chapter discusses the typing of the transfer of life insurance policy. It can be divided into two parts to discuss. ordinary transfer and put up with the policy of life insurance policy. In the transfer of an ordinary life insurance contract,by the insurance accident happened or not, it is divided into the transfer of insurance accident happened before and after insurance accident happens in the transfer. The transfer of pledge of life insurance policy is emphasized practical difficulties, such as subject, pledge to pledge the standard conditions, the pledge to transfer mode of the public, in the current practice of policy-holder, insurant, protect adverse beneficiary, etc. It puts up the corresponding legislative Suggestions.The last rcespectively discusses the insurer shall bear civil liability in the transfer of life insurance policy and to the right of defense. The insurer shall be carried out in accordance with good faith, the principle of prudent notation. The life insurance policy transfer neglects insurant interests, policies do not have the right to refuse to be insured,the first analysis of the difference between the transfer of the life insurance contract and appoint beneficiary beneficiary.