Heritage aspect of personal insurance
- Pages
- 5-13
Abstract
The relevance of the presented study lies in the active process of reforming domestic civil legislation, and in particular, the rules of insurance. A number of proposals for changing the current legal regulation, formulated in the Concept for the Development of the Provisions of Part Two of the Civil Code of the Russian Federation on Insurance Contracts, naturally need a thorough doctrinal assessment. Such proposals also include the hereditary aspect of personal insurance highlighted in the Concept (paragraph 1, clause 2, article 934 of the Civil Code of the Russian Federation). The purpose of the study is to interpret, given the provisions of the doctrine of civil law, foreign legislation and law enforcement experience, the provisions of paragraph 1 of paragraph 2 of Article 934 of the Civil Code of the Russian Federation, which establishes the right of the heir of the insured person to receive insurance payment after his death. Conclusions. The term "heir" used in Article 934 of the Civil Code of the Russian Federation should be determined based on the provisions of Section V of the Civil Code of the Russian Federation only in a subsidiary manner, which rejects the possibility of including insurance payment in the estate of the insured testator. Welcoming the general vector of the Concept and the positive potential of the changes proposed by it, it seems that with the support of the interpretation proposed in the framework of the study and its consolidation at the level of acts of the highest court, there is no need to make appropriate changes to Article 934 of the Civil Code of the Russian Federation.