Research On Insurable Interest

Insurance interest is one of fundamental principles on insurance laws, has great theory and practice meanings This text starts on from this question , discusses the legal foundation of insurance interest, the insurance interest in property and life insurance, the exceptional rules of insurance interest, its development trend etc, and puts forward the corresponding legislation suggestions to our country.The text falls into five chapters.Chapter one is on the legal foundation of insurance interest. According to the early British insurance cases and the development of the written laws on later stage,I sum up two kinds of theories, analyse the meanings of two kinds of theories, the backgrounds , the practical meaning and their existing defects. I think that the legal interest theory is overly strict in definition of the insurance interest and has hampered the progress of insurance; the factual expectancy theory has met the needs of the insurance , but the difficult point is to confirm the losses.Chapter two is on the interest of property insurance. Property insurance interest is the subject's economical, legal interest that can confirm in relation to insurance mark. It produces on the basis of existing interest of the property and interest of expecting. Its time effect should be identified when the losses take place, and the effect to person should be identified to the assured.Chapter three is on life insurance interest. With the comparative jurisprudence, the text introduces the legislative style of the life insurance interest of various countries. It can not be determined the nature in science, and the ration in practice. It should be replaced by agree doctrine principle.Chapter four is on the exceptional rule for the interest of insurance. This chapter puts forward : With the increase of the insurance kinds, it is more and more difficult for the specifying of the insurance interest. In the practice, the rule that " no insurance interest, no insurance " is being replaced by the rule that" not gamble, nomoral risk and unjustified enrichment means insurance interest " . So, this chapter especially probes into two exceptional rules of insurance interest: The first is the voluntary service of the insurance contract and its reverse rule: there is insurance interest unless gamble; The second is relinquishment and estoppel and its reverse rule: It has insurance interest when no moral risks in the life insurance.Chapter five is on the development trend of insurance interest and the corresponding legislation proposals. This chapter thinks: The contract of insurance is a legal means to divide the commercial risks firstly, secondly it is the ethical function carrier punishing evil- doers and praising good-doers. We should make explanation of expanding to insurance interest, replace legal interest theory with factual interest theory, then will it accord with the basic economic compensation purpose and function of insurance even more. This chapter puts forward some modifications to " insurance law" and " marine law " of our country finally.