保险受益人研究

狭义上的保险受益人是指于被保险人死亡时有权请求和受领身故保险金的人。他只能是被保险人之外的人,包括指定受益人和法定受益人。投保人有受益人的指定权,被保险人或其监护人有最终的决定权,受益人指定不明时应合理解释。被保险人的法定继承人是其法定受益人,法定受益人的受益顺序依法定继承人的继承顺序,同一顺序的法定受益人受益份额相同。保险受益人原则上为可变更受益人,其变更应采书面形式,并自通知保险人时生效。

A Study of the Insurance Beneficiary

Strictly speaking,an insurance beneficiary refers to the specific person who is entitled to claim and acquire insurance indemnity when the insured dies.A beneficiary,including the designated beneficiary and the legal beneficiary,is not the insured.The applicant for insurance is entitled to designate his beneficiary,while the insured or the guardian of the insured has the final word.Where there appears to be ambiguity about the designation of the beneficiary,a reasonable explanation must be made.The legal heirs of the insured are his legal beneficiaries,whose order is the same as that of the legal succession.The shares of indemnity acquired by the legal beneficiaries in the same order are equal.In logic,an insurance beneficiary may be changed in writing and the change shall take effect from the date when the insurer receives the notice.