A Study on Legal Problems Relating to Annuity Insurance and Analysis its Standard Provisions

• Main Authors: Chih-Kun Chuang, 莊植焜
• Other Authors: Chao-Kuo Chiang
• Format: Others
• Language: zh-TW
• Published: 2005
• Online Access: http://ndltd.ncl.edu.tw/handle/55644496379391341905

碩士 === 國立臺北大學 === 法學系 === 93 === Since Insurance Law of Taiwan augmented Section fourth “Annuity Insurance” (Article 135-1~135-4) in 1992, our country has marched formally to a whole new level, the aging society. Although forgoing revise of Insurance Law established the legitimacy of Annuity Insurance for the insurance enterprise in the insurance of person category, there was, however, no authorized policy relating to Annuity Insurance marketed in Taiwan until July 1997. Recently, as a result of the craze of pension issues, Account’s Annuity Insurance and Variable Annuity Insurance have gradually acquired better graces of consumers than before. According to the analysis and survey of the Life Insurance Association of Taiwan, it points that the amount of valid Annuity Insurance policies in Taiwan area has increased 180% in 2004. Undoubtedly, this surprising information has changed our impression on Annuity Insurance, which was always teased as “Marketing Poison of Policy”. Opposite to its success in insurance market, Annuity Insurance, however, obviously is not so attractive to legislators. The Section of Annuity Insurance in Taiwan’s Insurance Law has maintained its sketchy scale, only four provisions, from 1992 up to now. Furthermore, except provisions about annuity insurer’s obligation of payment and the particulars of annuity insurance contract, the provisions of Life insurance apply mutatis mutandis to annuity insurance. It doesn’t only show legislators absolute neglect of the essential diversity between Annuity Insurance and Life Insurance, but also becomes an obstacle to the development of Taiwan’s Annuity Insurance System. Considering the aforementioned scarcity of Taiwan’s Insurance Law, this thesis adopts the study method of literature collecting and classifying, and tries to explore the discrepancy between Annuity Insurance and Life Insurance on insurance-science and legal perspective. Finally, this thesis will follow its conclusion of every chapter to construct new revised regulations, approaching to the real quality of Annuity Insurance.