為保險業跨業經營預先佈局、增加保單持有人之投資選擇權及因應市場利率之低糜，我國擬於近日推出投資型保險，然而投資型保險基於其特有之性質，其監理自應與一般傳統型保險有所不同。本文先就投資型保險作一定義，並論述其性質及特色，次敘述其歷史發展沿革，再予以介紹其主要之種類。而關於投資型保險監理部分，一般來說，保險監理可分為財務監理及業務監理二部分，本文即依循此二面向分別作一探討。就財務監理部分而言，分就分離帳戶之規範、資金運用規範、責任準備金提存之規範、解約金之規範及稅賦規範五個議題作分析探討，再行提出建議。另一方面，就業務監理部分而言，則分就經營資格規範、資訊揭露規範、商品規範及銷售規範四個議題作分析探討，再行提出建議；最後總結全文以提出結論並針對我國投資型保險之監理提出建議。 / For facilitating of cross-business operation of the insurance industry, increasing policyholders’ choices in financial services, and shifting attach of interest risk, investment linked insurance products will introduced into the Taiwan insurance market soon. Based on it’s special features, the regulation of investment linked insurance should be different from the regulation of traditional life insurance. This paper defines the scope of investment linked insurance and discourses it’s nature and special features in the first place, and then describes it’s historical evolution and main types. In terms of insurance regulation, it is generally divided into two broad categories: i.e. financial regulation and market conduct regulation. This paper studies on the issues of regulation of investment linked insurance in such an approach. With regard to financial regulation of investment linked insurance, five aspects of regulation of investment linked insurance are examined: separate accounts, investments, liability reserves, surrender cash value and tax. With regard to market conduct regulation, this paper includes four aspects: operational qualification, information discourse, products and marketing. Finally the author submits his conclusion and recommendations to the regulatory authority to enhance the framework of regulation of investment linked insurance in Taiwan.

Insurance contracts will be reported at fair values on insurers’ balance sheets from 2010. In this thesis, we will review the conceptual and theoretical backbone of the insurance fair valuation project while providing a summary of the key features of the fair valuation project. Then, we will conduct a case study aimed at finding, under the fair valuation regime, the best asset allocation strategy for a particular business unit that carries a hypothetical annuity portfolio using a single modelling framework for valuation, risk calculation and business appraisal.

Continuous reforms of pension systems of countries of the world remain significant considering the fact that many countries, including South Africa, face challenges of how to adequately provide for their ageing populations. South Africa’s retirement system takes a formal three-pillar approach; comprising the state old-age pension, occupational funds, and private savings. Pension provision (occupational) takes the form of retirement funds which are mostly established by employers, administered by insurance companies, and regulated by the state through legislation. South Africa does not have a public fund and relies solely on the private retirement system. Many workers in South Africa retire with no income or with insufficient benefits and end up relying on the state for support. The reasons for this include a general lack of a culture of saving, the absence of a public fund, the voluntary nature of the system, leakages that exist within the system, a lack of mandatory preservation of benefits, risks with lump-sum cash payments, and the fact that the system focuses more on those in formal employment. This raises the question whether the system is in line with what is guaranteed by section 27 of the Constitution of the Republic of South Africa, 1996 that everyone has a right to have access to social security. The right guarantees “everyone” access to some form of income (protection) during retirement, which makes retirement provision an important social security component. Thus, pensions play an important social security role as they protect the elderly from falling into poverty. Benefits received from retirement savings serve as income replacement in retirement and should therefore receive adequate protection, and they must be able to provide adequate protection to the beneficiaries – beyond mere survival. Over the years South Africa has embarked on many reform processes to find ways to improve its retirement system. This study determines the adequacy of South Africa’s occupational retirement system along social security objectives. It describes the nature of the system, considers proposals made for reform purposes, examines international law, (including systems in Belgium, the Netherlands, and the United Kingdom for a comparative study), identifies weaknesses in the system, and makes some proposals to improve coverage and protection of benefits. / Mercantile Law / LL. D.

La loi du 3 décembre 2001 a, incontestablement, réalisé une avancée majeure dans la protection du conjoint survivant en lui reconnaissant une vocation ab intestat en propriété et en lui permettant, le restant de sa vie, de se maintenir dans le logement conjugal. Néanmoins, cette protection se révèle insuffisante pour celui auquel la loi ferme l’option pour l’usufruit légal : le survivant laissé en la présence d’au moins un enfant issu d’une précédente union. L’introduction de cette distinction à l’article 757du Code civil ne permet pas, en effet, de garantir aux veuves et veufs, issus en particulier de familles recomposées, le maintien de leurs conditions d’existence antérieures, ce, d’autant plus que le droit viager au logement ne peut passe cumuler avec le quart légal en propriété. D’où la nécessité pour le futur défunt d’anticiper les conséquences de sa disparition. Le droit patrimonial de la famille offre, à cet égard, toute une panoplie d’instruments juridiques que le législateur du 23 juin 2006 est venu étoffer, notamment par les nouvelles libéralités-partages et les libéralités graduelles et résiduelles. Toutefois, il sera fait appel aux outils les plus classiques issus, pour les uns, du droit des régimes matrimoniaux avec les avantages matrimoniaux, pour les autres, du droit des libéralités avec l’institution contractuelle entre époux. La voie matrimoniale devant, autant que faire se peut, constituer l’essentiel de la protection du conjoint survivant. Enfin, il sera de bonne pratique de compléter ces mesures de prévoyance conjugale par le recours à l’assurance-vie et à la société civile de gestion de portefeuille de valeurs mobilières. / The law dated December 3rd, 2001 realized, undoubtedly, a major step forward in the protection of the surviving spouse since it recognizes for him a legal vocation in property and it allows himself, the rest of his life, to remain in the matrimonial home. Nevertheless, this protection turns out to be insufficient for the one to which the law closes the option for the legal usufruct : the survivor left with at least one child stemming from a previous union. The introduction of this distinction in the article757 of the civil Code does not, indeed, allow to guarantee for the widows and widowers, stemming in particular from blended families, the preservation of their previous conditions of existence, it, especially as the right life annuity in the accommodation cannot accrue with the legal quarter in property. Where from thenecessity for the future deceased to anticipate the consequences of his disappearance. The property right of the family offers, in this respect, a whole outfit of legal instruments which the legislator of June 23rd, 2006 came to enrich, in particular by new liberalities-divisions and the gradual (and residual) liberalities. However, it will be called on to the most classic stemming tools, for some, of the right of the matrimonial systems with the marital advantages, for the others, the right of the liberalities with the contractual institution between spouses. The marital way in front of, as far as possible, to constitute the main part of the protection of the survivor. Finally, it will be considered as good practice to complete these measures of conjugal foresight by the life insurance and the civil society of management of portfolio of securities.

This Diploma Work focuses on re-calculation of payments of leasing contracts concluded by D.S.Leasing, a.s. The data gained as an output of a thorough analysis are processed in MS Excel, creating a new re-calculation tool able to bring practical solution to individual modification of payments of a leasing contract.

The subject of this thesis is to determine the value of the easement of way over the land of another owner. The value of the easement will be established for an indefinite period, the duration of 20 years and for the life of the creditor. It will be calculated current price and official price. The theoretical part is concentrated on clarifying the concept of an easement, the possibility of the constitution, termination and changes, hereinafter referred to problems of valuation of the easement. In the project part is solved the specific passage in terms of benefits warrantee and losses liable party.

This diploma thesis deals with the analysis of the highest and best use of the property, which is practically applied to a specific example. The analysis is performed on the buildings of the former restaurant Slovan in Kroměříž that the currently unused. On logically probable recovery are performed four tests (legal admissibility, physical possibility, financial merits and maximum profitability), on the basis of which will be the highest and best use.

This diploma thesis focuses on the highest and best use analysis (HABU) of property. In first chapters there is mention about current legislation, theoretical terms and methods of property valuation in Czech republic. The next chapter describes a methodology for the highest and best use analysis. The analysis itself was applied to real case, specifically to a former storage area of the construction company, which is located in Brno - Maloměřice. For this area were designed scenarios of possible use and four of them were chosen using tests of HABU analysis. In the end, one of them was chosen which is being considered the highest and best use for this property.

The aim of this master’s thesis is to find the best type of mortgage loan for several kinds of borrowers. The first part describes personal housing financing, use of loans, use of mortgages in general. At the end of this theoretical part the value analysis is explained as a tool for mortgage lender (or the type of mortgage loan) selection and the way of reaching this goal is defined. Second part is a practical example of how to make decision and find the best choice. It selects the most important criteria and real cash flow is simulated to asset the price of each possibility. Using the discrimination method and efficiency rate the possibilities are ranked. Results are commented on and recommendations are set to every type of client. In conclusion, general method for selection before getting a mortgage is proposed.

近年來海峽兩岸利率持續走低，已經對壽險公司之財務產生負面影響，故銷售固定利率保險商品之壽險業者，其資金運用報酬與業務成本間之利差損現象日益擴增，為避免財務負擔日增而影響其清償能力，市場趨勢乃轉向能將風險大部分轉移給保單持有人並讓其分享大部分投資利得之投資型保險商品。本文就海峽兩岸投資型保險商品，從法規架構、監理體系、商品種類內容、市場行銷等方面加以詳細比較分析，並以1988-1994年英國銷售投資型保險商品所發生之退休金不當銷售弊案(mis-selling scandal)為借鏡，進而歸納出所面臨之各種問題，再針對此等問題提出可能解決之道，作為兩岸發展投資型保險之參考。 關鍵字：投資型保險、投資連結保險、變額保險、指數連結保險、指數連結年金、萬能壽險、變額萬能保險、分紅保險、利率風險、不當銷售、英國退休金不當銷售弊案、保險監理、保險法沿革。 / With the continued decline in interest rates having an adverse impact on Taiwan and Mainland life insurance companies' balance sheets, the insurance companies that sell the traditional guaranteed products have experienced the increasing interest loss resulted from the gap of their investment returns and operation costs. To avoid the companies from insolvency crisis arising out of the increasing financial burden, there is a trend, recently in both Taiwan and Mainland markets, that the insurance business focus has been averted from the traditional products toward investment-linked products that transfer most risk to policyholders and enable them to share in most investment gains. This paper compares the investment-linked insurance between Taiwan and Mainland markets in the viewpoints of the legal structure, regulation systems, variety of products and marketing of investment -linked products. This paper also analyses the famous U.K. mis-selling scandal in 1988-1994, and tries to make this scandal into a valuable lesson to both markets. After listing the issues and problems which are encountered by the insurance companies, the suggestions for resolving such issues and problems are submitted as the conclusion of this paper. Key Words: Investment-linked insurance, Variable insurance, Equity Index Insurance, Equity Index Annuity, Universal life insurance, Variable universal insurance, With-profit insurance. Risk of interest rate, Mis-selling, U.K. mis-selling scandal, Insurance regulation. History of insurance law