保单贴现的法律规制路径

保单贴现制度具有其他保单变现方式所不具有的优势,其实质是投保人将保险合同转让至保单贴现公司或保单投资人,并将保单受让人变更为保单受益人。但是,基于人寿保单的特殊性,保单贴现交易的开展突破了合同权利义务概括移转的一般规则,无需取得作为合同相对人的保险人的同意。保险利益原则及保单贴现等待期可有效解决源于陌生人的人寿保单所引发的问题;为兼顾规制源于陌生人的人寿保单与减少保单贴现当事人之间的纠纷这两项功能,保单贴现等待期为自保险合同成立之日起2年;为保障保单贴现人等弱势交易群体的利益,应当设置相应的最低保单贴现率;此外,为便利对保单贴现市场的监管,维护保险消费者权益,应要求从事保单贴现业务的相关公司取得许可;主治医师声明及证明文件不必作为规制保单贴现的工具。

The Legal Regulation Paths of Life Settlement

Compared with the other means of liquidating the policy,there are advantages by way of the life settlement,which in essence is to transfer the life insurance contract to the life settlement companies or the policy investors and to change the beneficiary as the transferee of the life policy. However,based on the particularity of the life policy,the general rule of the transfer including right and obligation isn’t applied to the transaction of life settlement,thus making it unnecessary to get consent of the insurer. The principle of the insurable interestand the waiting period can serve as the tool to solve the problem which is caused by the STOLI.For the purpose of regulating the STOLI and reducing the disputes between the parties,the waiting period should be set as 2 years since the insurance contract is formed. In order to ensure the benefit of the life settlement party,the minimum discount rates for the sale of insurance policies are supposed to be set. Besides,companies which are occupied with the life settlement should get the permission so that the life settlement market can be well regulated and the insurance consumer can be protected. The physicians’ declaration and document aren’t necessary.