利他型人寿保险中投保人与受益人的对价关系
发布时间：2018-08-27 20:11
【摘要】：我国的保险法理论与实务往往误读人寿保险金不属于被保险人遗产之法律规定,认为其专属于受益人,其他任何人均无权介入该保险金的处理。然而,在投保人与受益人非为同一人的利他型人寿保险契约中,受益人的保险金请求权虽然为其直接取得的权利,但该直接取得性并不能否定受益人与投保人之间的具体法律关系。依照民法利他型契约理论,一方面,受益人得直接向保险人请求保险金给付的权利源自保险契约,即投保人与保险人之间的补偿关系;另一方面,受益人能否最终取得保险金,还取决于投保人与受益人之间的对价关系是否存在。该对价关系与补偿关系相互独立,其法律性质为投保人对受益人的单方赠与行为。投保人及其财产关系人之间的利害关系调整应以该单方赠与行为为标准进行。投保人的债权人可依据民法有关债权人撤销权的规定撤销该赠与;受益人为共同继承人时,其他继承人可依照继承法的规定对保险金主张一定的权利。
[Abstract]:The theory and practice of insurance law in our country often misread the law stipulation that life insurance premium does not belong to the insurant's estate, and thinks that it belongs exclusively to the beneficiary, and no one else has the right to intervene in the processing of the insurance gold. However, in an altruistic life insurance contract in which the insured and the beneficiary are not the same person, the beneficiary's right to claim for insurance gold is the right directly acquired by him, However, the direct acquisition does not negate the specific legal relationship between the beneficiary and the insured. According to the altruistic contract theory of civil law, on the one hand, the right of beneficiary to ask for payment of insurance gold directly from the insurer originates from the insurance contract, that is, the compensation relationship between the insured and the insurer; on the other hand, whether the beneficiary can finally obtain the insurance money, It also depends on the existence of consideration relationship between the insured and the beneficiary. The relationship of consideration and compensation is independent, and its legal nature is the unilateral donation of the policy holder to the beneficiary. The adjustment of the interest between the applicant and his property relations should be based on the unilateral donation behavior. The creditor of the policy holder can revoke the gift according to the provisions of the civil law concerning the right of revocation of the creditor; when the beneficiary is the co-heir, the other successors may claim certain rights to the insurance gold in accordance with the provisions of the inheritance law.
【作者单位】： 南京大学法学院;
【基金】：江苏省保险学会2016年应用课题“利他型人寿保险的理论与实务”(SBX2016-2-C-01)的研究成果之一
【分类号】：D922.284
，
本文编号：2208325
[Abstract]:The theory and practice of insurance law in our country often misread the law stipulation that life insurance premium does not belong to the insurant's estate, and thinks that it belongs exclusively to the beneficiary, and no one else has the right to intervene in the processing of the insurance gold. However, in an altruistic life insurance contract in which the insured and the beneficiary are not the same person, the beneficiary's right to claim for insurance gold is the right directly acquired by him, However, the direct acquisition does not negate the specific legal relationship between the beneficiary and the insured. According to the altruistic contract theory of civil law, on the one hand, the right of beneficiary to ask for payment of insurance gold directly from the insurer originates from the insurance contract, that is, the compensation relationship between the insured and the insurer; on the other hand, whether the beneficiary can finally obtain the insurance money, It also depends on the existence of consideration relationship between the insured and the beneficiary. The relationship of consideration and compensation is independent, and its legal nature is the unilateral donation of the policy holder to the beneficiary. The adjustment of the interest between the applicant and his property relations should be based on the unilateral donation behavior. The creditor of the policy holder can revoke the gift according to the provisions of the civil law concerning the right of revocation of the creditor; when the beneficiary is the co-heir, the other successors may claim certain rights to the insurance gold in accordance with the provisions of the inheritance law.
【作者单位】： 南京大学法学院;
【基金】：江苏省保险学会2016年应用课题“利他型人寿保险的理论与实务”(SBX2016-2-C-01)的研究成果之一
【分类号】：D922.284
，
本文编号：2208325
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