保险受益权刍议

保险受益人制度不仅适用于人身保险 ,也应适用于财产保险。受益权的产生是基于保险合同对受益人的指定 ,应当抛弃“法定受益人”这种易引起混乱的概念。在保险事故发生前 ,受益权不能转让 ,在保险事故发生后 ,受益权可以自由的转让。保险受益权的消灭除了受益权法定丧失的情况外 ,还可由当事人的意思自治而完成

Discussion on Beneficial Right of Insurance

The concept of beneficiary could be applied not only to person insurance, but also to property insurance. The appearance of beneficial right is based on the appointment of beneficiary in an insurance contract. We should abandon the concept of "legal beneficiary" which is likely to cause misunderstanding. The beneficial right of insurance can't be transferred until insured accidents happen. Apart from conditions prescribed by the law, the beneficial right of insurance will also perish as a result of party autonomy. This article might be helpful for clarifying some misunderstanding in practice and improving the system of beneficiary in our current insurance law.