保险避债

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厘清“避债”误区!保险保单可以被法院执行
券商中国· 2025-08-09 09:31
Core Viewpoint - The article discusses the recent court actions regarding the seizure of cash values from life insurance policies belonging to individuals who are subject to enforcement actions, highlighting that such policies can indeed be executed by the courts [1][6][7]. Group 1: Legal Framework and Court Actions - Multiple high courts have clarified that life insurance policies can be subject to compulsory execution, meaning that any financial interests in these policies can be included in the enforcement property range [1][6][8]. - A specific case from the Hailar District People's Court in Inner Mongolia illustrates the execution of cash values from various insurance policies, with amounts ranging from 2,970 yuan to 105,247.27 yuan being seized from different individuals [3][4]. - Legal experts confirm that as long as the life insurance policies contain financial interests, they can be included in the enforcement actions, although certain policies with strong personal attributes may be exempted based on the overall financial situation of the debtor [5][9]. Group 2: Conditions for Debt Avoidance - The article emphasizes that while insurance policies are often marketed as tools for debt avoidance, this is not an absolute guarantee and depends on specific conditions [2][10]. - The cash value of insurance policies must meet certain criteria to achieve debt avoidance, such as the consent of the debtor in specific jurisdictions, and the nature of the insurance product itself [10][11]. - Legal professionals indicate that while insurance policies can be structured to provide some level of asset protection, their effectiveness is limited and must comply with legal obligations [10][12].