- 學位論文
人身保險契約與要保人變更之研究
A Study on Life Insurance Contract and the Transfer of Proposer
摘要
保險契約之要保人為契約當事人，如於契約存續期間，辦理要保人變更為他人時，其基於契約當事人地位而享有之相關權利及應負擔之義務亦同時移轉，人身保險契約如採平準費率而預收保險費，累積而有保單價值準備金，要保人得依保險法規定請求返還或運用，亦或是請求保險人償付解約金，可將保單價值準備金轉化為金錢給付，前述權利應為要保人所有之財產權，亦得為強制執行之標的。 而變更要保人有諸多原因，有父母因資產規劃之原因，以自身為要保人繳付保險費，於子女長大後，透過變更要保人之方式，將保險契約移轉予子女。或有因要保人身故，其法定繼承人因民法相關規定，繼承其要保人地位。亦有為脫產或為避免被列入夫妻剩餘財產分配、離婚後為履行離婚協議內容將要保人變更為其中一方 之其他原因而變更。變更要保人除影響債權人之權益外，亦影響被保險人、受益人等保險契約關係人權益甚鉅。 是以，於保險與司法實務上，經常發生相關爭議，具有探討之價值。而本文就人身保險、保險利益以及要保人各項權利義務內容進行整理，再以金融消費評議中心評議決定及法院判決，進一步分析探討評議中心與法院於實務上就要保人變更各種爭議係如何認定。
並列摘要
The proposer of insurance contract is a party to the contract. If during the duration of the contract, when the proposer is transferred to another person, the relevant rights and obligations enjoyed by the proposer based on the status of the party to the contract will also be transferred at the same time. If the life insurance contract adopts the flat rate and the insurance premium is collected in advance, the policy value reserve will be accumulated. The proposer may request the return or utilization in accordance with the provisions of the Insurance Law, or request the insurer to pay the termination fee. The policy value reserve can be converted into monetary benefits. The aforementioned rights shall be property rights owned by the proposer. It can also be the subject of enforcement. There are many reasons for transferring the proposer. Some parents have reasons for asset planning. They make themselves the proposer and pay the insurance premium. After the children grow up, the insurance contract is transferred to the children by transferring the proposer. Or the legal heir shall inherit the status of the proposer according to the relevant provisions of the civil law due to the death of the proposer. There are also other reasons for transferring the proposer to one of the parties in order to be released from production or to avoid being included in the distribution of the remaining property of the husband and wife, and to fulfill the content of the divorce agreement after divorce. A transfer in the proposer not only affects the rights and interests of the creditor, but also greatly affects the rights and interests of the insured, the beneficiary and other parties related to the insurance contract. Therefore, in insurance and judicial practice, disputes about transfer of proposer often occur, which is worth discussing. And this article sorts out the content of personal insurance, insurable interest and various rights and obligations of the proposer. Then, based on the review decision of the financial ombudsman institution and the court judgment, further analysis and discussion are made on how the financial ombudsman institution and the court determine the various disputes concerning the transfer of the proposer in practice.