婚前购买的终身寿险保险金归属研究

The Vesting of Whole Life Insurance Benefits Purchased Prior to Marriage

摘要: 对于夫妻一方在婚前购买且保险费由个人财产和夫妻共同财产共同支付的终身寿险，在保险事故发生时保险金收益的归属问题，我国法律没有明确规定。法院在此类案件的判决中通常只说明保险金的分割方式，缺乏说理论证和理论支撑。通过对美国采用共同财产制的八个州的法院裁判进行总结，可以归纳出美国的司法实践关于婚前购买终身寿险保险金的三种归属模式。通过对不同归属模式的理论依据和发展过程的比较分析，可以发现：向夫妻共同财产返还支付的保险费以及按照个人财产和夫妻共同财产的投入比例进行分割的归属模式都忽略了终身寿险兼具风险保障和投资理财功能的特点；按风险支付规则分割更能反映人寿保险合同的特殊性，且较好地维护了非投保人一方配偶的财产权益。我国应依据风险支付规则构建婚前购买终身寿险保险金收益的分割规则体系，即保险金风险净额部分的归属由支付最后一期保费的资金来源确定，现金价值部分由夫妻双方进行分割。

Abstract: With regard to the attribution of insurance proceeds in the event of an insurance accident in the case of a whole life insurance policy purchased by one of the spouses before the marriage and for which the premiums are paid from both personal property and the couple’s joint property, there are no clear provisions in our laws. The court in such cases usually only state the way of division of insurance proceeds in the judgment, the lack of theoretical evidence and theoretical support. By summarizing the court decisions of eight states in the U.S. that have adopted the community property system, it is possible to summarize the three attribution modes of U.S. judicial practice regarding the insurance proceeds of whole life insurance purchased before marriage. Through a comparative analysis of the theoretical basis and development process of different attribution modes, it can be found that: the return of insurance premiums paid to the couple’s common property and the attribution mode of division in accordance with the proportion of personal property and the couple’s common property have neglected the characteristics of whole life insurance, which has the functions of both risk protection and investment and finance; the division of life insurance according to the rules of payment of risk better reflects the special characteristics of life insurance contracts, and better protects the property of one of the non-insured spouses. The division according to the risk payment rule better reflects the special characteristics of the life insurance contract and better protects the property rights and interests of the spouse of the non-insured. China should build a system of rules for the division of insurance proceeds of whole life insurance purchased before marriage based on the risk payment rules, i.e., the attribution of the net risk portion of the insurance proceeds shall be determined by the source of funds for paying the last premium, and the cash value portion shall be divided by both spouses.