The legal basis for holding this view is:
According to the provisions of Articles 15 and 16 of the Insurance Law, the court has no right to require the insurance company to unilaterally terminate the contract if the applicant fails to fill out the application for surrender in person. Once the insurance contract is dissolved, the insured can only receive the cash value of the policy and no longer enjoy the relevant rights and interests of the insurance contract. Forcibly dissolving the insurance contract will certainly infringe upon the vital interests of the insured. At the same time, the life insurance contract is to protect the interests of the insured due to his body and life, which cannot be calculated by money and has strong personal dependence. Therefore, the life insurance contract should not be the subject of enforcement.
Another opinion of the legal profession is:
Compulsory measures may be taken against the personal insurance purchased by the person subjected to execution. Although the object of life insurance contract is people's health and life, and it has strong personal dependence, life insurance has the function of life guarantee, but the saving, investment and financial management functions of life insurance can not be ignored. The executor invests a lot of money to buy life insurance, the main purpose of which is insurance financing. At the same time, the insurance law stipulates that the applicant can terminate the insurance contract and the insurer should return the cash value of the policy, which shows that the applicant, as the executor, enjoys the property right to personal insurance.
Personal insurance rights and interests generally include: the policy bonus belonging to the insured, the cash value of the policy after surrender, the insurance survival annuity obtained by the insured, and the death insurance money obtained by the deceased beneficiary. When the applicant, the insured and the beneficiary are the persons to be executed, the above-mentioned personal insurance property rights belong to the liability property and can be enforced by the people's court. In order to fully protect the interests of creditors, the court takes enforcement measures against the personal insurance purchased by the person subjected to execution.
Will Graded Fund Class A lose money?