'n Vergelykende studie van die regte van benoemde begunstigdes in lewensversekeringskontrakte

Master’s Dissertation Multilingual record · 2 languages
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Abstract

English
The life insurance contract exists between the insurer and insured. A beneficiary may however be named in the policy to receive the proceeds at the death of the insured. This situation is assumed in the South African right to be a stipulatio alteri. Acceptance is a unique South African requirement set for the beneficiary in applying the stipulatio alteri. It does not entirely relate to the intention of a true agreement on behalf of a third. The beneficiary's rights are very limited. Before the death of the insured the named beneficiary has no right. At this stage it is also impossible for him/her to accept the stipulation to his/her advantage. At the death of the insured a contingent right developed for the beneficiary and must be protected until the beneficiary has indicated his/her intention to accept or refuse the benefit. Once the beneficiary accepts the benefit, he acquires a vested right to the proceeds of the policy.

Keywords

English
Life insurance Life insurance -- Law and legislation Life insurance policies Stipulatio alteri Life policy Rights Nominated beneficiary Acceptance Contingent right Vested right Spes Donatio mortis causa
Record information

Authors

Van Zyl, Rika

Publisher

University of the Free State
Advisors
Hyland, S. A.

Description

Dissertation (LL.M. (Mercantile Law))--University of the Free State, 2012