JOURNAL OF BEIJING UNIVERSITY OF AERONAUTICS AND A ›› 2016, Vol. 29 ›› Issue (6): 33-39.DOI: 10.13766/j.bhsk.1008-2204.2015.0513

Previous Articles     Next Articles

Balance of Interest in Exerting Rescission Right of Life Insurance Contract

ZHU Xiaoting   

  1. Law School, Beijing University of Aeronautics and Astronautics, Beijing 100083, China
  • Received:2015-10-22 Online:2016-11-25 Published:2016-08-24

Abstract:

The cash value accumulated in life insurance policy determines the property attributes of such policy, which forms the ultimate cause of removing insurance contracts by applicants. The interests of insurance contracts maintenance for the holders of insurance benefits rooted in the insurance premium paid by applicants, and eventually turn up in the form of insurance money, through the continuous accumulation and transformation. When the person who conducts the insurance contract and the person who has the right to share contract interests is separated, the confliction between the termination right of insurance contract and the right to maintain the effectiveness will emerge. At this point, the response to this conflict is to set up necessary restrictions for the legal rescission right of applicant, which ranges from distinguishing the type of life insurance contract and the time scope of right exercising, ascertaining the ways of exercising, to making sure the subject in some circumstances. Trough these restrictive measures, the reasonable balance between the autonomy of applicants and the legitimate interests of holders of insurance benefits will be found. And on this basis the mutual assistance social purpose in life insurance will be realized ultimately.

Key words: life insurance contract, statutory rescission right, cash value, interests of insurance contracts maintenance, balance of interests

CLC Number: