Legal analysis of assignment contract of life insurance

Mozafari, Khadijeh

doi:10.22056/ijir.2024.04.01

Document Type : Original Research Paper

Author

khadijeh Mozafari

Departement of Law, Faculty of Social Sciences and Economics, Alzahra University, Tehran, Iran

https://doi.org/10.22056/ijir.2024.04.01

Abstract

BACKGROUND AND OBJECTIVES: In order to create a secondary life insurance market in which life insurance policy holders can easily sell their insurance policies, it is necessary to identify and investigate the legal bases and effects of life insurance policy assignments so as to set up the relevant rules governing this market. In this regard, this research seeks to examine the legal challenges of transferring life insurance policies from one person to another.
METHODS: Legal analysis is done using legal texts, including jurisprudence, legal books, and domestic and foreign published articles. Based on this, the working method in this article will be library, analytical, and descriptive one. In this way, the juridical and legal foundations of life insurance transfer are examined first, and then the nature of the transfer contract is studied, and finally, the effects and rulings resulting from this transfer are analyzed accordingly.
FINDINGS: Regarding the rules governing life insurance in Iran's legal system, unlike many legal systems in the world, not many laws have been approved and this part has been neglected by the legislator. This is the basis for the emergence of disagreements regarding the rulings related to this insurance. Most of the provisions related to the life insurance policy in Iran should be extracted from the general conditions of the life insurance policy and the law is silent about most of the cases.
CONCLUSION: This article shows that it is possible to transfer a life insurance policy and extract rulings governing this transfer based on the current laws and regulations in Iran's legal system using general regulations to a large extent. Based on the principle of freedom of contract transfer, it is allowed to transfer any contract that is not based on an individual. The effects of this transition are discussed in detail in the article.

Keywords

Main Subjects

Insurance rights

References

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Iranian Journal of Insurance Research

Legal analysis of assignment contract of life insurance

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Volume 13, Issue 4 - Serial Number 50
August 2024
Pages 287-298

Legal analysis of assignment contract of life insurance

References

References

Letters to Editor

Send comment about this article

Volume 13, Issue 4 - Serial Number 50August 2024Pages 287-298

Volume 13, Issue 4 - Serial Number 50
August 2024
Pages 287-298