Research On The Division Of Commercial Insurance Rights And Interests In Divorce

With the improvement of material conditions and the increase of divorce disputes,the importance of the division of commercial insurance interests in divorce cases tends to increase.However,there are some problems in current practical adjudication,such as insufficient reasoning,lack of measurement of the rights and interests of third parties,and violation of legal principles in judgments;In theoretical research,there are issues such as the lack of thorough discussion on the division of rights and interests,and the neglect of the specificity of insurance rights and interests involving minors.Therefore,the division of commercial insurance rights and interests when couples divorce has become a practical problem that needs to be solved urgently.The second part of this article is a study on the classification of commercial insurance rights and interests when couples divorce.From the perspective of type thinking,relevant insurance interests can be divided into personal insurance interests and property insurance interests;From the perspective of equity generation,relevant insurance interests can be divided into insurance benefits,ongoing insurance,and investment based insurance income.The third part is the determination of the ownership of marital insurance rights.For personal insurance benefits,they can be divided into death insurance benefits,survival insurance benefits,and damage compensation type personal insurance benefits.On this basis,their attribution can be determined based on the identity of the beneficiary and the source of premium;For property insurance benefits,the ownership can be determined based on the owner of the subject matter;For the insurance that is still being performed,the attribution shall be determined based on whether the insurance contract can be rescinded and whether the beneficiary can be changed;For investment insurance income,its attribution can be determined based on the identity of the beneficiary and the identity of the policyholder.The fourth part is the certification and division of joint property.In terms of proof rules,property that does not prove to belong to the personal property of one spouse is presumed to be the joint property of the husband and wife;In the division of joint property between husband and wife,the division of shares should be based on adhering to the principles of caring for children,caring for the woman,and caring for the innocent party.The application of the division method should be as conducive as possible to the realization of the insurance value.The relevant compensation can be based on the cash value of the policy,the market price of the relevant policy,or the evaluation price,as appropriate;Insurance actions that infringe upon the common property of a husband and wife can be dealt with in accordance with Articles 1091 and 1092 of the Civil Code.The fifth part discusses the issue of underage children’s insurance.The rules governing the treatment of children’s insurance rights and interests vary slightly depending on the requirements of the principle of protection of minors.Among them,the treatment of insurance benefits and investment based insurance proceeds is no different from the general rules.For insurance that is still being performed,the application of the principle of proportionality can achieve a balance between the protection of minors and the protection of the legitimate property rights and interests of both parties to a divorce.The last part deals with the issue of insurer participation in the segmentation process.During the divorce property division process,the interests of the insurer are most likely to be affected.In situations such as the transfer of the subject matter of insurance,the increase in the risk of the subject matter of insurance,and the modification and dissolution of the insurance contract,the insurer’s appropriate participation is required to achieve smooth changes and convergence of legal relationships.