Research On Typical Disputes Over Property Rights And Interests Under Life Insurance Policy

With citizens' increasing awareness of purchasing insurance,property rights in life insurance is becoming an important part of family property in our country.Due to the relatively long term of some life insurance policies,policy holders may get involved in divorce and/or debt disputes after paying the premiums and prior to the settlement of insurance claims,resulting in the situation that property rights and interests attached to the life insurance policies such as premiums,cash value and dividends may be divided or the insurance policies may be required by creditors to be enforced.Different from other ordinary property,on one hand,life insurance products has a very high personal attachment attribute,and on the other,as it involves three parties including the policyholder,the insured,and the beneficiary,the separation of the ownership,controlling,and beneficiary rights of insurance rights has further complicated the disputes over the ownership and division of ownership of life insurance contracts.In recent years,courts in China are increasingly encountered with the question of attribution of various rights and interests under life insurance policies in divorce cases and debt disputes.For instance,how to divide the insurance policy purchased by a husband or wife during their marriage when they are going through a divorce? In the event that a policy holder owes outside debts,can the creditor apply to the court for compulsory rescission of the insurance contract to repay the debts when the policy holder has no other properties to be enforced?In view of the above-mentioned complex problems,the Insurance Act,its judicial interpretations and the relevant legal documents fail to provide clear provisions or guidelines for judgment.There are no uniform rules to follow in the handling opinions issued by the local courts,and there are differences between the judgment results and the determination logic of the courts at different levels in different regions,which brings uncertainty to the judicial trial.Therefore,it is very necessary to study the route to resolve these typical disputes of property rights and interests under life insurance.This paper intends to carry out research on two typical disputes of property rights and interests of personal insurance policy in practice,in order to explore a better solution.The first chapter provides an overview of the property rights and interests under life insurance products,analyzes the causes and contents of the property rights and interests of life insurance policy according to the relevant rules and theories of insurance law,and discusses the separability and transferability of the property rights and interests of life insurance policy,so as to pave the way for the follow-up discussion.The second chapter starts with typical disputes involving property rights and interests under life insurance policies in marriage disputes,combines with the analysis of the judicial case samples,summarizes the judicial position and ideas of China's courts in dealing with such disputes,and analyzes various factors affecting the judicial position of the courts in the division of personal insurance policy,and on this basis,discovers the problems in the judicial judgment,then combines them with relevant academic views and extraterritorial experiences,and finally puts forward suggestions to clarify the adjudications.The third chapter focuses on the question of whether creditors can apply for compulsory termination of the life insurance policy of the policy holder in a debt dispute.The paper first combs the relevant laws and regulations,the normative documents and judicial precedents of the courts,and summarizes the differences in the court's decisions and philosophies.Then,combined with the relevant legal provisions and the legal theory,it gradually combs the legal logic path to solve this problem,and puts forward the conclusion that the cash value of the policy can be enforced.Finally,on the basis of extraterritorial legal system reference,a further improved solution is put forward.Finally,the paper focuses on the legal issues involved in the two typical disputes and puts forward the general principle of the division of ownership of cash value and the enforcement of insurance policies,that is,equity is the main principle,and the interests of the parties shall be balanced,for providing references for judicial trial practice.The innovation of this paper is to make a type-based study on the dispute over property rights and interests of life insurance policy.Meanwhile,as to the legal issues with big differences between the practical and theoretical circles,on the basis of referring to the extraterritorial system,some thinking and constructive opinions of this paper are put forward.