我国保单质押贷款业务的法律评析

Legal Analysis on Policy Loan in China

保单质押贷款业务在近年快速发展,而我国现行法律对该业务的调整存在诸多空白。本文认为从质押业务法理分析,具有储金或现金价值的一切寿险或非寿险保单均可作为保单质押对象,但设质的财产权利应限于退保金或现金价值,不应包括保险金请求权。保单质押后,投保人、贷款人和保险人按照质押协议承担相应的权利和义务,同时,投保人在保险合同中享有的部分权利,当有可能减少或流失质物时,该项权利应被限制或冻结。

Policy loan is becoming more and more popular in our country in these years, but there are still many problems with the laws about such business. On the basis of the legal analysis on policy loan, we think all the life or non-life policies which have deposit or cash value can be pledged, and the pledged property should only be the surrender value or cash value, not including the right to insurance claims. After the policy is pledged, the insurant, the creditor and the insurer should fulfill the rights and liabilities according to the pledge agreement, and at the same time, some of the rights of the insurant under the policy could be limited or suspended when the rights would damage the pledged property.