保险法前配偶受益人地位确认小谈（Discussion on the confirmation of the status of the former spouse beneficiary in Insurance Law）.docVIP

保险法前配偶受益人地位确认小谈（Discussion on the confirmation of the status of the former spouse beneficiary in Insurance Law） The rules for the confirmation of applicable status of former spouse life insurance beneficiary of the insurance law can be divided into four categories, namely irrefutable presumption rules, can only explain the property division agreement to explore the insured intention rules, investigation of all the relevant facts to explore the insured intention rules and irrefutable revocation rules. The main difference between the four questions is whether the court needs to search for the intention of the insured, and the scope of the case that the court should consider when searching for it. The intention of the insured should be respected, and the objective of the court should be to distribute the interests of the life insurance contract on the basis of a reasonable search for the intention of the insured. Modern life insurance through the insurance payment and policy dividends and share both life security, financial security and financial services and other functions, so it has become a necessary part of the transaction the majority of family financial planning and family. At the same time, the social phenomenon of frequent divorce and there is a rising trend. Family composition (such as new members of the birth, divorce) will affect the contract ideal sustained, divorce, divorce or court judgment usually property division agreement or agreed by all insurers for the life insurance policy, but the policy is still the designated beneficiary of a former spouse. If the insured does not change the beneficiary and does not die, does the former spouse still have to be the beneficiary? In other words, does the divorce affect the status of the beneficiary of the former spouse? Similar problems are not uncommon in Chinas Insurance Law and judicial practice, however, Chinas life insurance clauses related to this problem is only the provisions of regulations and a scanty,