November 17, 2008

Not claimed insurance life and concept of heir



The term of heir “relates to the whole of the successors and not only the successors who, in the absence of will, are heirs according to the legal rules”, indicates the Minister for the Economy, Industry and Employment. Under article L. 132-8 of the Code of the insurances, the “heirs or having right of ensured or a prédécédé recipient” form part, as well as “the newborns or to be born from the contractor or from assured or any other designated person”, of the people likely to be designated as recipients of a contract of life insurance.

The term of heir often used in the profit clauses could be interpreted like returning to the successional order organized by the law or the will of the late one. The Court of appeal thus estimated, in a stop of April 4, 1978, that in the event of absence of heirs réservataires integrality to the amount of the contract of insurance life is allocated to the sole legatee as an only heir (Case. 1st civ., April 4, 1978). The jurisprudence of the Court of appeal thus retains a broad interpretation of the term “heir”. She judges that it relates to the whole of the successors and not only the successors who, in the absence of will, are the heirs according to the legal rules. “Nothing justifies to distinguish the concept of heir, according to whether it applies in right of the insurances or right of the successions, and it is on the matter advisable to hold the sovereign power of appreciation of the courts dealing with the substance of a case”, indicates an answer published to the Official journal on June 17, 2008, page 5152. Daily Finance and Investment Tips / Make Money by Learning

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