보험수익자 지정여부와 그 이해관계의 의미

Abstract

The article 733 in the Commercial Law provides that the right to designate or change beneficiary. Basically the policyholder is entitled to designate or change the beneficiary. However, although the contents of the right to designate beneficiary of the events of policyholders may or may not be specific, and in some cases this does not apply. Also, if the policyholders does not exercise the right to designate, and provides a variety of solutions. The problem is that the leaves with the complex interpretation of the difference in the application of the event specified in the right to designate or change in the case of actual. If the policyholder by the beneficiary designation is called even after the assignment is subject to the other criteria when the changing right have been postponed. And if it is not designated, there is also doubt about being solved by inheritance be of whether to conform to the real intention of the policyholder. Who will be the beneficiary after the occurrence of insurance events and how to divide the shares of a number of insurance beneficiary are a matter of interpretation for the essential purpose of the law whether the exercise of right to designate or change beneficiary. Especially if the insurance event occurred after the insurance contract is established without insurance beneficiary may conflict with the interests of the stakeholders. If policyholders have entered into a contract without the insurer's explanation of the importance of beneficiary designation or, there is quite often reason to change the beneficiary of the insurance contract does not change even though there was. However, these results should allow the beneficiary to acquire insurance money to legal inheritor, it does not match the emotion can be severe consequences for policyholders and the rest of the co-inheritors. The right to designate or change beneficiary, which is supposed to at least before the day of the insurance events policyholders confirm this and, however, because of the accidental of the occurrence of insurance events, in some cases it may be a result contrary to the expectations of policyholders derived. Therefore, do not specify uniformly an insurance beneficiary as legal inheritors should be judged by considering the interests of policyholders as possible.