論保險契約與強制執行要保人之權利

保險法所規範之保險契約，係要保人與保險人間發生債權效果之財產行為，其權利客體與權利主體無不可分之關係，不具有專屬性。倘要保人怠於行使其對保險人之權利時，債權人因保全債權，得行使代位權時，終止要保人與保險人之保險契約，並聲請強制執行與受領保險人之給付，以清償債權。基於保險契約請求保險人給付保單價值準備金、解約金或保險費等金錢債權，其性質為債務人對於第三人之金錢債權。執行機關強制執行該金錢債權時，所採取之執行方法應有助執行目的之達成，並符合比例原則，以兼顧債權人、要保人及保險人之權利。

關鍵字

代位權；終止契約；比例原則；強制執行；金錢債權；保單價值準備金

並列摘要

Subject to the Insurance Act, an insurance contract regulates property-related acts arising out of creditor's rights between the applicant and the insurer, and the relation between the object of right and the subject of right is unbreakable and noninclusive. If an applicant fails to exercise his or her rights against the insurer, the creditor, for protection of obligation rights, can exercise the subrogation rights for not only terminating the insurance contract between the applicant and the insurer but also requesting compulsory execution as well as payments from the insurer for liquidating debts. Money obligation rights, including claims for the policy value reserve, cash surrender value, and insurance premiums from the insurer on the basis of an insurance contract are the debtor's money obligatory rights against a third party. The agency when enforcing such money obligatory rights shall use an approach that facilitates the attainment of the goal of compulsory enforcement while taking the rights of the creditor, the applicant, and the insurer into account in accordance with the principle of proportionality.