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Court enforcement of life insurance
Have the right. You are sued by the bank, and the bank is worried that it will not be able to realize the creditor's rights after winning the case, so it applies to the court to preserve your property during the lawsuit. Life insurance policy has cash value and belongs to your property, so the court has the right to preserve life insurance policy. Is the policy you keep a life insurance policy?
Legal basis:
code of civil law
Article 100 A people's court may, on the application of the other party, order the preservation of property, order the execution of certain acts or prohibit the execution of certain acts in a case where the execution of a judgment may be difficult or cause other damage due to the behavior of one party or other reasons. If the parties fail to file an application, the people's court may also order the adoption of preservation measures when necessary.
Zhejiang Provincial High Court stipulates that
Notice of Zhejiang Higher People's Court on Strengthening and Regulating the Enforcement of Property Rights and Interests of Personal Insurance Products of the Executed Person (Baidu can view the full text)
Gao Zhe Fa Zhi [2015] No.8
1. The traditional, dividend-sharing, investment-linked and universal life insurance products purchased by the insured, the survival insurance money obtained according to the policy agreement, the policy dividend paid in cash, or the cash value after the policy is surrendered belong to the property rights of the insured, the insured or the beneficiary. When the applicant, the insured or the beneficiary is the person to be executed, the property right belongs to the responsible property and can be enforced by the people's court.
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