Life Insurance Paper

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INTRODUCTIONBackground Background

A person’s soul can be insured for the needs of interested people, both for during his life and for the time affected in the agreement. The person concerned can hold that premium even without the known or consent of the person insured.

So everyone can insure his soul, life coverage contributions can even be held for the benefit of third parties. Life insurance can be held for life or during the term when exclusive is specified in the agreement.

The parties who tie themselves up lead home are claimed by the insurer and the insured. The insurer uses receiving premiums put payments, without mentioning to the person appointed to be the connoisseur.

DISCUSSIONUnderstanding Soul Insurance

Law Number two of 1992

In Law Number two of 1992, a more complete definition of coverage contributions was formulated when compared to using the formulation contained in Article 246 of the Kuhd. According to the provisions of Article 1 number (1) of Law No. 2 of 1992:

“Insurance or coverage is an agreement between 2 (2) parties or more, using which the insurer binds themselves to the insured using insurance insurance, to provide reimbursement to the insured due to damage loss or loss of expected profit or rule responsibility to third parties that may be suffered by the insured, which appears and an event is not necessarily or to provide a payment based on the loss of damage or loss of profit that is expected or charged with the responsibility of the rule to the third party that may be suffered by the insured, which appears and an event is not necessarily or to provide a payment based on the loss of death.or the life of someone who is insured.

The provisions of Article 1 number (1) of Law No. 2 of 1992 include 2 (two) types of coverage contributions, namely:

a. Loss insurance (loss insurance), can be summarized & formulation:

“to provide reimbursement to the insured due to loss, damage, or loss of profit deposited, or legal responsibility to the ket / ga party that is certainly suffered by the slanciled”.

b. Sum insurance, which includes life premiums and social insurance, can be known according to the formulation:

“to provide a payment based on the death or life of the insured person.”

In relation to life insurance, the focus of the discussion is directed to the type of coverage dues, item (b). If Article 1 number (1) of Law No. 2 of 1992 on narrowing only covers the type of soul premium, then the business is:

“Life insurance is an agreement, between 2 (two) parties or more using which the Insurer binds itself to the insured by receiving coverage dues to put a payment based on the death or life of an insured person.”

This definition will be used as a starting point for the discussion of the next life insurance contribution.

Prior to the enactment of Law No. 2 of 1992, the premium of the soul was regulated in ordonantie op het Levensverzekering Bedrijf (Staatsblad No. 101 of 1941). According to the provisions of Article 1 paragraph (1) of the Ordonansi alphabet:

“Ovoroenkomstem van levensvorzekering de overeenkomsten tot het doon van geldelijke uitkeringen, tegen genot van premie en in verband met het leven of den dood van den menschs. Overeenkomsten van herverzekering daaronder begrepen, met dien verstande, dat overeenkomsten van ongevallenverzokerinq niet als overeenkomsten van levensverzekerinq worden berschouwd”.

“Life insurance is an agreement to pay a certain amount of money because it has received premiums that are related to the life or death of a person, rensuransi is included in it, while the premium of non-essential accidents is included in life insurance”.

In Article 27 of Law No. two of 1992 it is determined that using the enactment of this law, the Ordonantie op het Levens Verzekering Bedrijf is declared void. What is meant by ‘this law’ is Law No. 2 of 1992. Therefore, there is no need to discuss the soul premium based on this Ordinance because it has not been valid again, & the understanding of life insurance contributions has been covered by Article 1 number (1) number 2 of the 1992 Law.

2. Trade Law Code (KUHD)

In kuhd life insurance is regulated in Book 1 Chapter X article 302. Article 308 kuhd. So only 7 (seven) pasa. However, not 1 (one) article that contains the formulation of the definition of soul premium. Thus it is perfect jlka definition of insurance in Pasat 1 number (1) Law No. 2 of 1992 is used as a point of discussion and this has to do with the provisions of Article 302 and Article 303 of the Kuhd which allows people to insure their lives.

According to the provisions of Article 302 of the Kuhd:

“A person’s soul can be insured for the purposes of interested persons, both for the duration of his life and for the time affected in the agreement”.

Furthermore, article 303 of the Kuhd is affected:

“The person concerned can hold the coverage dues even without the known or consent of the person who is insured his soul”.

Based on these two articles, it is clear that everyone can insure his life, life insurance can even be held for the benefit of third parties. Life insurance can be held during life or during the term when the exclusive is specified in the agreement.

In connection with using the description of the above articles of legislation, Purwosutjipto clarifies again the meaning of life insurance using the definition of:

“Life coverage is a reciprocal agreement between the epilogue (taker) of the insurance contribution with the insurer, using which the epilogue (taker) premium binds themselves during the course of the coverage to pay insurance money to the insurer, while the insurer as a direct result and the death of the person whose soul is insured or past an promised period of time, binds himself to pay a certain amount of exclusive money to the person appointed by the cover.(taker) dues of coverage as the connoisseur”.

In the formulation of its definition, Purwosutjipto uses the term “cover (taker) dues coverage and handler.

The definition of Purwosutjipto is out of sync using the definition contained in Article number (1) of Law Number two of 1 92. The difference is as follows:

a. In Law No. 2 of 1992 it is expressly stated that the parties who bind themselves reciprocally are considered insurers and insured, while Purwosutjipto calls it the cover (taker) of premiums and insurers.

b. In Law No. 2 of 1992 it is stated that “the insurer with the dues of coverage provides payment”, without disclosing to the person appointed as the recipient. Purwosutjipto explained that paying l the person appointed by the cover (taker) premium as the connoisseur. The effect is only for life coverage dues during life, not including for term when certain.

In accordance with the provisions of Article 255 of the Kuhd, life insurance must be held in writing using the form of deed considered by the policy. According to the provisions of article 304 of the Kuhd, the life insurance policy contains:

c. The name of the person whose soul is insured;

d. When the start and end of the event;

However, regarding the draft amount & determination of premium conditions at all depends on the agreement between the two parties (Article 305 KUHD).

In the policy must be listed days & loose held insurance. This is crucial to know when the premium starts running and can be known also from the day and off it risks becoming a burden on the insurer.

In the policy must be included the name of the insured as the party who is obliged to pay the premium and entitled to get the policy. In the event of an event or if the period of validity of the premium ends, the insured is entitled to get a certain amount of compensation or return from the insurer. In addition to the insured, in the practice of life insurance is also known as connoisseur (beneficiary). that is, a person who is entitled to an exclusive amount of money & insurer because appointed by the insured or because of his heirs, & listed in the policy. Connoisseurs are domiciled into interested third parties.

c. Name of the person whose soul is insured

The object of life insurance is the soul and human body becomes one unit. The soul without a body does not exist, on the contrary, the body without a soul does not mean anything for life insurance. A person’s soul is an intangible object of insurance, which can only be known through the form of his body. The person who owns the body has a name whose soul is insured, either being the insured party or being an interested third party. His name must be included on the policy. In this case, the insured and the person whose soul is insured are different.

d. When it starts & ends, evenemen

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