论文部分内容阅读
受益人制度是保险中的重要概念,是指在保险事故发生时享有保险金请求权的人,并不是保险合同的当事人,而是保险合同的关系人。这一概念仅适用于人身保险合同中的死亡保险合同。受益人须由经被保险人与投保人共同协商确定,最终由投保人同意。在保险事故发生之前,受益权是一种期待地位,还不是现实存在的权利。当保险事故发生后,这种期待权变成现实的保险金请求权,属于债权,保险受益人可以将这种债权请求权转让给其他人。受益人虽不是合同的当事人,但是也会因一些行为丧失受益权。
The beneficiary system is an important concept in insurance. It refers to the person who claims the insurance premium when the insurance accident occurs. It is not the party involved in the insurance contract but the party involved in the insurance contract. This concept applies only to death insurance contracts in life insurance contracts. The beneficiary shall be jointly negotiated by the insured and the policyholder, with the consent of the insured. Prior to the insured incident, the right to benefit is a kind of expectancy status, is not a real right. When the insurance accident occurs, this expectation becomes a reality. The right to claim insurance belongs to the claim, and the beneficiary of the insurance can transfer the claim to others. Although the beneficiary is not a party to the contract, it may also lose the right to benefit from some acts.