The Attribution Identification Of Life Insurance Rights And Interests In The Division Of Inheritance

With the rapid development of market economy,more and more people are investing excess money in insurance,and there are more and more inheritance disputes involving the cash value of insurance,showing a sharp rising trend.However,in insurance law,inheritance law about life insurance cash value segmentation,insurance related rights and obligations are leaky.Although a unified opinion was reached on the division of the cash value of insurance in divorce cases in the Eighth Civil and Commercial Trial Conference,However,there is no clear legal regulation on whether the insured cash value in inheritance cases falls within the scope of the inheritance,and there are different academic opinions,which is likely to disrupt the market order and cause family and even social conflicts.In the inheritance dispute case of Yu and other three persons v.Yao and other five persons,whether the cash value of the personal insurance contract purchased by both parties for the spouse and children of the heiress Liu can be included in the scope of the insured’s estate,whether the right to terminate the insurance contract can be exercised by the heir,and the plaintiff in the personal insurance contract can whether to exercise the right of intervention to restrict the right to terminate the insurance contract has caused controversy.This article is a debate for this case arise,with current laws and regulations,judicial interpretation,legal theory and extraterritorial laws related to the analysis.Through the analysis and elaboration of the insurance rights and interests left by the death of the policyholder in the above cases of inheritance disputes,it is proposed that in such cases,the cash value of the altruistic person insurance contract belongs to the scope of the policyholder’s estate,The right to terminate the personal insurance contract can be exercised by the heirs of the applicant.The insured or beneficiary of the personal insurance contract can intervene in the insurance contract by exercising the right of intervention to protect the view that the insurance contract will continue to be exercised.Based on this case,the author sorts out the deficiencies and omissions of the current system of altruistic personal insurance contract norms,and proposes directions for perfecting the corresponding norms to provide other perspectives and directions for handling similar cases in the future.