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对于有受益人的保单,保险金不能作为遗产,保险界的认识基本统一,但对于无受益人的保单,保险金是否是遗产,认识就不一致了。保险理论界和实际业务中较为趋向一致的意见认为:由于无受益人,而受合同保障的保险人已死亡,保险金应作为遗产,由其继承人继承。对此,又存在认识上的差异。有人认为,不能一概而论,应分别不同性质的合同而论,对于短期性、带补偿性的人险合同,保险金的取得在于保险事故的发生,这类保险金归被保险个人所有,作为其遗产;而对于长期性、带储蓄性的人险合同,所
For insurance policy with beneficiary, the insurance money can not be regarded as the heritage and the insurance industry has a basically unanimous understanding. However, there is a different understanding of whether the insurance premium is a legacy or not of the beneficiary’s insurance policy. The more consistent view in the field of insurance theory and actual business is that since the insured person under the contract has died because no beneficiary is available, the premium should be inherited and inherited by his heirs. In this regard, there are also differences in understanding. Some people think that can not be generalized, should be different in terms of the contract of different terms, for short-term, compensatory life insurance contracts, the insurance money is obtained by the occurrence of insurance accidents, such insurance money owned by the insured individuals, as its heritage ; For long-term, with savings of people’s life insurance contract, the