Accordance Between Insurable Interest And Chinese Property Insurance Contracts

Insurable interest is one of the fundamental theories and essential principlesof insurance law, which distinguishes wager and achieves modern insurance.But being practiced in China nowadays, this rule, which is from theAnglo-American law system, faces many problems of how to accord with thetraditional continent law system of China. Only find good solutions, caninsurable interest perfectly bring into play its function—anti-wager. This thesisintends to study some of them, such as property insurable interest accordantwith the effectiveness and the subject matter of a property insurance contract,and the proof burden of property insurable interest. The author tries to find agood seat for property insurable interest in the traditional continent law theoriesof civil-commercial law and civil procedure law of China, in order to acceleratethe harmonization of theories and the development of the insurance industry. By method of comparing, history, law hermeneutic, systems analysis andpositivism, this thesis begins with the root purpose of insurableinterest—anti-wager, combines with the theories and practices of its borncountry and those prevail in China, and makes the conclusions as follows: 1.Property insurable interest is not the requirement for the applicant of ainsurance contract, but for the insured and the beneficiary at the timing of loss.2.Property insurable interest should not be the condition of the existence oreffectiveness of an insurance contract of China, but the condition of claimingthe premium. 3.Property insurable interest is not the subject matter of aproperty insurance contract of China, but the subject matter of propertyinsurance. 4.The burden of proof of property insurable interest of China is onthe party who claims the premium.