论文部分内容阅读
目前,随着我国保险事业的迅速发展,简易人身保险(以下简称简身险)已在全国许多地区开展。因它具有储蓄与保险双重性能,所以倍受欢迎。实际上,简身险的这种双重性能的具体体现是在该险各种给付金的不同性质上,既有储蓄性给付金,又有保险性给付金。简笛险给付金在向被保险人给付以后,发生继承关系时,能否作为被保险人个人的遗产来继承?我国继承法目前对此也无明确的规定,我认为只有在认识和分清了简身险的各种不同性质的给付金的基础上,才能对其作出恰如其份的解释,并为法律的进一步健全和完善提供科学的依据。一、关于储蓄性给付金。如果被保险人得到的是简身险中的储蓄性给付金,那么这种给付金对已成家立业的被保险人来说是夫妻的共同财产。因为在我国继承法中规定,
At present, with the rapid development of China’s insurance industry, simple personal insurance (hereinafter referred to as “simplified insurance”) has been carried out in many regions of the country. Because of its dual performance savings and insurance, so popular. In fact, the concrete manifestation of this dual performance of simple insurance is the different nature of the various payment benefits of the insurance, as well as the savings payment and the insurance payment. If the inheritance relationship occurs after the grant to the insured person, will it be inherited as a personal inheritance of the insured person? There is no clear stipulation in China’s succession law so far, and I think it is only when we know and distinguish On the basis of all kinds of payment of different nature of simple insurance, can we make a proper explanation to them and provide a scientific basis for the further perfection and perfection of the law. First, on the savings payment. If the insured receives a savings payment from a simple insurance, the payment is the common property of the married couple who are already married. Because in our law of inheritance,