保单质押贷款的法律分析

Legal Analysis on Policy Loan

保单质押贷款能满足广大要保人与保险人的需求 ,具有重要的经济和社会意义。保单质押贷款的标的为保单所具有的现金价值 ,性质为附债权质担保的消费借贷合同。若“资本性”保险的保单具有现金价值 ,则其要保人便享有保单质借权 ;借贷双方对贷款金额可以自由约定 ,但法律应规定最低额度。保险人及其他金融机构若违约时 ,应承担赔偿责任。要保人贷款后应负返还贷款及其利息的义务 ,但要保人违反此项义务时 。

Policy loan plays an important role in economy and society by meeting the needs of insurants and insurer. Policy loan is a consuming loan contract with creditor's right pledge with its objective of the cash value of insurance policy. The Insurant has the right to borrow under the condition that the policy of savings' insurances has accumulated to some values. Although the sum of the loan can be freely set by both of the parties, a minimum should be stipulated legally. The insurer and other financial organizations should pay for the loss of the insurant arising from their breaching the contract. Though the insurant is the obligator to restitute the loan and the interests according to the contact,the insurer and other financial organizations cannot claim for them through court.