2007 Fiscal Year Final Research Report Summary
A Study on a Viatical Settlements-A advocacy of Placing Limits on the Right to Change an Insurance Beneficiary in Japan-
Project/Area Number |
18530065
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Research Category |
Grant-in-Aid for Scientific Research (C)
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Allocation Type | Single-year Grants |
Section | 一般 |
Research Field |
Civil law
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Research Institution | Kagawa University |
Principal Investigator |
KOEZUKA Tadao Kagawa University, Faculty of Law, Professor (30295844)
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Project Period (FY) |
2006 – 2007
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Keywords | Insurance Law / The Right of Chanting a Insurance Beneficiary / The Cession of the legal status of policyholder |
Research Abstract |
I worked with the research that the policyholder should place limits on the right to change an insurance beneficiary As a result, some curt made decisions of being placed limits on the policyholder' right, as the right should not be unlimited. And then insurance law in Japan was decided to be revised. In the temporary tentative draft published on August in 2007, council member discussed whether the policyholder right to change an insurance beneficiary should be restricted or not In 2008 the insurance law bill was introduced, and on May 31 it has been passed. In the new insurance law the policyholder's right is limited. My research reached the same result, that is to say, the right to change an insurance beneficiary a policy holder have is not placed on no limits in Insurance Law, but the right is restated in the general contractual conditions. In practical business the right is managed as restricted. Here is a contradiction. As above, I regard the new insurance law highly. This law is in accordance with the practical business.
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