保险受益权研究

保险受益权应界定为身故保险金的受领权,其主体可以是指定受益人和法定受益人,但不能是被保险人。被保险人与受益人同时遇难的,应推定受益人先死亡。受益人故意伤害或杀害被保险人的,应丧失受益权,但保险人不应因此而免责,对被保险人或其他受益人仍应承担保险责任。受益人为谋害被保险人恶意购买保单,嗣后故意谋杀被保险人的,保险人可解除合同,并对解约前被保险人的死亡不负给付保险金的责任。

Research on Insurance Beneficiary Right

The beneficiary right should be defined as the right to accept the payment on the death of the insured,which can not be enjoyed by the insured but by the designated or legal beneficiary.If the insured and the beneficiary died at the same time,it would be presumed that the beneficiary die before the insured.If the beneficiary deliberately injured or killed the insured,he would be deprived from the beneficiary right,but the insurer would still bear the corresponding responsibilities.If the beneficiary mali-ciously issued the policy and murdered the insured afterwards in order to gain the benefits,the insurer would be entitled to dis-charge the contract and be exempt from paying insurance benefits on the death of the insured.