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第二投保人是相对第一投保人而言的,其法律地位是继任投保人,而它的法律定义及其权利义务几乎是与第一投保人(原始投保人)相同的,但从权利来源上说,它不是原始的、自发的,而是传来的、授予的、转让的或因同意而获得的。指定继任投保人的行为在法律属性上理应受保险法所管辖,但其在生前未完成变更手续,引致原始投保人的保单财产变为遗产,并因此而受继承法管辖,如单纯依据投保时的指定,在原始投保人死亡时由被指定人继任投保人地位,在法律上仍然存在着障碍。因此,必须引进遗嘱继承保单的概念,及其继任投保人届时获得被保险人同意、相关继承人同意之机制,使保单投保人缺失能合法、合理、适时地补位,这是本文所关注及探讨的问题。
The second policyholder is relative to the first policyholder, whose legal status is successor policyholder, and its legal definition and its rights and obligations almost the same as the first policyholder (original policyholder), but from the source of rights It is not original, spontaneous, but transmitted, granted, assigned or acquired with consent. Designated successor policyholder in the legal attributes of the law should be subject to the insurance law, but in the lifetime before the completion of the change process, resulting in the original policyholder property into a legacy, and therefore subject to the law of succession, if simply based on the insured Designated as the successor of the nominated person as the insured person at the death of the original policyholder, there are still legal obstacles. Therefore, it is necessary to introduce the concept of testamentary succession insurance policy and the mechanism by which the successor applicant obtains the consent of the insured and the consent of the related successor at the appointed time, so that the lack of policy insurers can make up for the loss legally, reasonably and timely. This is the concern and discussion in this article The problem.