Jurisprudential Logic and Rules Application for Dividing Commercial Insurance Interests upon Divorce
The division of commercial insurance interests upon divorce should be based on the synergistic perspective of insurance law and matrimonial property law,with the value concepts and normative principles of insurance law and matrimonial property law as the macro-guidance,the distinction between property insurance and personal insurance as the basic processing framework,the principles,value objectives and general norms of the matrimonial property division system as the fundamental basis and constraints,and the relevant rules of the insurance law as the specific analytical and operational tools.Accordingly,it consists of both the division of positive property and the payment of potential economic compensation.In the case of property insurance,the interests to be divided are mainly insurance benefits,and the rules on the division of insurance benefits and economic compensation in different cases must be determined by taking into account the attribution of the subject matter of the insurance and the source of premiums.In the case of insurance of the person,the interests to be divided mainly include insurance benefits,surrender cash value,policy dividends and investment income,for which three different types of insurance,namely,protection,savings and investment,shall be distinguished,and the different composition of the main subjects of the insurance contract,the existence of insurance benefits,different sources of premiums,and whether or not the insurance period has completely passed shall be taken into account to determine which insurance interests are available for dividing,how to divide them and how to pay economic compensation in different circumstances.
divorcedivision of insurance interestsproperty insuranceinsurance of the personeconomic compensation
NETL
NSTL
万方数据
维普
