Ubezpieczenia na życie a problematyka umów wiatykalnych i zjawisk pokrewnych w prawie amerykańskim
Life insurance in the context of viatical settlements and related issues

Summary/Abstract: Paper covers multi-perspective presentation of the viatical settlements on secondary marketfor life insurance. These contracts are defined as discounted, predeath sale of an life insurancepolicy, on condition that the seller’s (viator’s) life expectancy does not exceed twenty-fourmonths. Analyzed phenomenon derives from the United States where, since late eighties of the twentiethcentury, plays an important role as a financing source of different needs of people in the faceof death. The scale of viatical settlements leads to the creation of related contracts and, above all, life settlements, whose popularity has repeatedly exceeded the original. Currently, on thesecondary market for life insurance, there are numerous specialized entities which indicates itsdistinctiveness. Moreover, intrinsically, it shows many similarities to the insurance market.The article also discusses alternative measures, to the mentioned (for example an accelerateddeath benefit rider), as well as selected US legal solutions in life settlement. Finally, pathologicalissues associated with the secondary market for life insurance are pointed out.

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