论文部分内容阅读
保单质押贷款,通常意义上的理解是以保险单作为担保,向保险公司或银行申请贷款的行为。而保单质押贷款的法律性质在理论上存在较大争议,实务上也极少有相关的判例。本文认为保单质押贷款仍然是普通的借贷行为,保单质押条款具有合同效力但并不具备担保物权效力。对于债权人的利益保护,需要以完善立法的方式来提供法律依据。
Policy pledged loans, the general sense of the understanding is to take insurance policy as a guarantee, apply for a loan to the insurance company or bank. The legal nature of policy pledged loans in theory there is a big controversy in practice there are very few relevant jurisprudence. This paper argues that policy-impaired loans are still normal lending, the policy of the pledge of the contract has the effect of the contract but does not have the effect of security rights. For the protection of creditors’ interests, it is necessary to provide legal basis for improving the legislation.