抵押物保险合同约定受益人问题研究
发布时间：2018-11-13 18:31
【摘要】：我国《保险法》对人身保险受益人作出了规定,对受益人制度是否适用于财产保险合同中未做规定。随着保险业的发展和信贷消费的推广,在为抵押物投保的财产损失保险合同中越来越多地出现将债权人约定为受益人的现象,对于在抵押物保险合同中另行约定受益人条款的效力、受益人的法律地位及权利、诉讼地位等问题,理论界与司法实务中均存在较多争议。第一部分对抵押物保险合同约定受益人存在的主要问题进行归纳。该部分以司法实践中的案例对财产损失保险合同中约定债权人为受益人的司法观点为基础,认为抵押物保险合同约定受益人在实践中主要存在三个方面的问题,即财产保险合同中受益人约定的效力问题、抵押物保险受益人是否享有保险金请求权、抵押物保险受益人享有何种诉讼权利。第二部分主要阐述了在财产损失保险中进行受益人约定的理论基础。对于财产保险中能否存在受益人约定,保险理论界存在肯定说和否定说两种观点,我国《保险法》仅对人身保险受益人作出了规定。本文认为,对保险受益人的指定系被保险人对自身权利的让渡,被保险人可以自己享有合同利益也可以另行约定他人为受益人,所以财产保险合同中约定受益人是具有法理基础的,且受益人的权利系固有权利。第三部分主要论述了抵押物保险合同中受益人约定的效力以及受益人是否应享有保险金请求权。首先,从保险业的现实情况看,在抵押物保险合同中进行受益人约定是较为普遍的一种做法,这是债权人面对物上代位权实现障碍而选择的一种补救方式;其次,从《合同法》关于合同效力的规定及保险基本原则的角度考察,在抵押物保险合同中进行受益人约定应为有效;再次,从目的解释角度对于该受益人约定进行解读,抵押物保险受益人应享有保险金请求权。第四部分从四方面分析了抵押物保险合同受益人权利地位的认定中存在的问题,即受益人保险金请求权的权利来源问题、被保险人与受益人的权利冲突问题、受益人对保险金权利的范围如何界定问题、受益人受领的保险金的性质问题。第五部分针对上述问题,从承认财产损失保险受益人地位、赋予受益人保险金请求权、受益人保险金请求权的优先性、对受益人保险金请求权范围进行原则性规制、受益人应享有保险金的所有权五个方面提出了建议。
[Abstract]:The Insurance Law of our country provides for the beneficiary of personal insurance, but there is no provision as to whether the beneficiary's system is applicable to the property insurance contract. With the development of insurance industry and the popularization of credit consumption, the phenomenon that creditors are agreed as beneficiaries is more and more common in property loss insurance contracts insured against collateral. There are many disputes in theory and judicial practice about the validity of beneficiary clause, the legal status and right of beneficiary, litigation status and so on in the contract of mortgage insurance. The first part summarizes the main problems of the beneficiary in the mortgage insurance contract. This part is based on the judicial point of view that the creditor is the beneficiary in the property loss insurance contract in the case of judicial practice, and thinks that there are three main problems in the practice of the agreed beneficiary in the mortgage insurance contract. That is, the effect of the beneficiary's agreement in the property insurance contract, whether the beneficiary of mortgage insurance has the right of claim for insurance gold, and what kind of litigation right the beneficiary of mortgage insurance enjoys. The second part mainly expounds the theoretical basis of beneficiary agreement in property loss insurance. As to whether there is beneficiary agreement in property insurance, there are two kinds of viewpoints in the field of insurance theory: positive theory and negative theory. The Insurance Law of our country only provides for the beneficiary of personal insurance. This paper holds that the designation of the insured beneficiary is the transfer of the insured's right to his own rights, and the insured may enjoy the contractual benefits on his own or appoint another person as the beneficiary. So the beneficiary in the property insurance contract has legal basis, and the beneficiary's right is inherent right. The third part mainly discusses the validity of beneficiary's agreement in mortgage insurance contract and whether the beneficiary should enjoy the right of claim for insurance gold. First of all, from the reality of the insurance industry, the beneficiary agreement in the mortgage insurance contract is a common practice, which is a remedy that creditors choose in the face of obstacles to the realization of subrogation in rem. Secondly, from the point of view of the contract law on the validity of the contract and the basic principles of insurance, the beneficiary agreement should be effective in the contract of mortgage insurance. Thirdly, from the angle of purpose explanation, the beneficiary of mortgage insurance should have the right of claim for insurance gold. The fourth part analyzes the problems existing in the confirmation of beneficiary's right status in mortgage insurance contract from four aspects, that is, the right source of beneficiary's right to claim for insurance gold, the right conflict between insured and beneficiary. How to define the scope of the beneficiary's right to insurance and the nature of the beneficiary's insurance. The fifth part aims at the above problems, from acknowledging the property loss insurance beneficiary status, endowing the beneficiary insurance claim right, the beneficiary insurance gold request right priority, carries on the principle regulation to the beneficiary insurance claim right scope. The beneficiary should be entitled to the ownership of the insurance in five aspects proposed.
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.284
本文编号：2330071
[Abstract]:The Insurance Law of our country provides for the beneficiary of personal insurance, but there is no provision as to whether the beneficiary's system is applicable to the property insurance contract. With the development of insurance industry and the popularization of credit consumption, the phenomenon that creditors are agreed as beneficiaries is more and more common in property loss insurance contracts insured against collateral. There are many disputes in theory and judicial practice about the validity of beneficiary clause, the legal status and right of beneficiary, litigation status and so on in the contract of mortgage insurance. The first part summarizes the main problems of the beneficiary in the mortgage insurance contract. This part is based on the judicial point of view that the creditor is the beneficiary in the property loss insurance contract in the case of judicial practice, and thinks that there are three main problems in the practice of the agreed beneficiary in the mortgage insurance contract. That is, the effect of the beneficiary's agreement in the property insurance contract, whether the beneficiary of mortgage insurance has the right of claim for insurance gold, and what kind of litigation right the beneficiary of mortgage insurance enjoys. The second part mainly expounds the theoretical basis of beneficiary agreement in property loss insurance. As to whether there is beneficiary agreement in property insurance, there are two kinds of viewpoints in the field of insurance theory: positive theory and negative theory. The Insurance Law of our country only provides for the beneficiary of personal insurance. This paper holds that the designation of the insured beneficiary is the transfer of the insured's right to his own rights, and the insured may enjoy the contractual benefits on his own or appoint another person as the beneficiary. So the beneficiary in the property insurance contract has legal basis, and the beneficiary's right is inherent right. The third part mainly discusses the validity of beneficiary's agreement in mortgage insurance contract and whether the beneficiary should enjoy the right of claim for insurance gold. First of all, from the reality of the insurance industry, the beneficiary agreement in the mortgage insurance contract is a common practice, which is a remedy that creditors choose in the face of obstacles to the realization of subrogation in rem. Secondly, from the point of view of the contract law on the validity of the contract and the basic principles of insurance, the beneficiary agreement should be effective in the contract of mortgage insurance. Thirdly, from the angle of purpose explanation, the beneficiary of mortgage insurance should have the right of claim for insurance gold. The fourth part analyzes the problems existing in the confirmation of beneficiary's right status in mortgage insurance contract from four aspects, that is, the right source of beneficiary's right to claim for insurance gold, the right conflict between insured and beneficiary. How to define the scope of the beneficiary's right to insurance and the nature of the beneficiary's insurance. The fifth part aims at the above problems, from acknowledging the property loss insurance beneficiary status, endowing the beneficiary insurance claim right, the beneficiary insurance gold request right priority, carries on the principle regulation to the beneficiary insurance claim right scope. The beneficiary should be entitled to the ownership of the insurance in five aspects proposed.
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.284
【参考文献】
相关博士学位论文 前1条
1 潘红艳;保险受益权研究[D];吉林大学;2008年
相关硕士学位论文 前4条
1 王渊;财产保险受益人约定的保护与规制[D];天津财经大学;2015年
2 李萍萍;论船舶保险合同中的“第一受益人”[D];西南政法大学;2014年
3 孙晓利;保险受益人法律制度完善研究[D];中国海洋大学;2013年
4 王钧平;车贷险合同约定银行为受益人的法律效力[D];西南政法大学;2010年
，本文编号：2330071
本文链接：https://www.wllwen.com/falvlunwen/hetongqiyue/2330071.html
