保險金信託法律問題之研究
| Autor: | Yu Feng Wu, 吳玉鳳 |
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| Rok vydání: | 2002 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 90 After the happening of the 921 earthquake, the government and parents of the survived minors were forced to consider the problem of minor guardianship system. This paper is, basing on the inadequateness of the minor guardianship system, to interpret the recent system development of the trust and guardian systems and then to reveal the significance of trust system. As regards the middle-class, “insurance trust” is a valuable alternative scheme for avoiding the adverse effects of minor guardianship system. The main theme of this paper is focused on the legal issues of the insurance trust. In the first place, the legal relation of trust is discussed. Secondly, by means of life insurance trust of USA, the essentiality of insurance trust is dissected. Due to the difference of legal technique and trust taxation, insurance trust is difference between USA and ROC. Currently, insurance trust is operated with some potential issues: 1.Whether the applicant of an insurance contract has to abandon the rights of changing beneficiary? 2.the effects of beneficiary of insurance trust predeceasing the insured. 3.the effects of the termination of insurance trust by the guardian. 4.issue of breach of duties by the trustee. 5.is an insurable interest is required when the trustee is the beneficiary of the insurance contract? After analyzing the above-mentioned five issues, some conclusive remarks and suggestions are submitted in the final place. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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