Research On Insurable Interest

Insurable interests result from the ocean insurance law. Later, withthe development of the insurance indurstery, research on the Insurableinterests goes into depth. Among civil-law systems countries, the historyof the Insurable interests grows through three stages, namely, thegeneral Insurable interests theory, technical Insurable interests theoryand economical Insurable interests theory. Among common law systernscountries, the development of the Insurable interests is founded onseries of famous cases. There are always disputes on the nature of theInsurable interests, some scholars argue that insurable interests arethe economic interests that the subject enjoyed on the object, while someargue that insurable interests are the economic interest relationshipbetween the subject and the object, include economic interestsrelationship and the moral interest relationship. The author holds that,property insurable interests and personal insurable interests are twoinsurable interests in different nature. insurable interests is the coreconcept and principle in the insurance law, and has the function toprevent gambling, moral risk and limit the compensation.insurable interests can be divided into property insurable interestsand personal insurable interests in accordance with the object. Propertyinsurable interests is the insurer's legal economics interests on theinsure object. As the interests of property insurable interests, it nustbe admitted by the law, can be accountable in goods. And it can be embodiedby the interests on the property, and thus the positive interest in turnand the duty interst based on property. Present interest includesownership interests, limited-ownership interests and occupationinterests. Personal insurable interests is the interests that thepolicy-holder or the insuree has on the personal body or life, includingcertain ecnomics relationship and moral interest relationship. Withregard to how to define the scope of the personal insurable interests,common law system counties use "interest doctrine principle", civillaw system use "consent ion doctrine principle ", and our country adopt"interests and consent principle". Personal insurable interestsincludes insurers has interests on the following affairs: his own bodyand life, his couple, children and parents'body and lives, theindividuals that he cultivated, or helped. In addition, debtors have theinsurable interests on the debts amounts, guard or has the insurableinterests on the guardee, and the mutually insurable interests betweenemployers and employees, the corporation has insurable interests on thedirectors, supervisor.The force of insurance interests refers to when do insuranceinterests apply, for whom it exist, and this include its force for personand its time force. Its force for person refers to for whom it exist,and there are different requirements for its relationship betweeninsurance interests and personal insurance interests. In propertyinsurance, its sole requirement is insurant have insurance interests ofinsurant objects, and there is no necessary to require the policy-holderhas insurance interests of insurant objects. And this is because theinsurant is who enjoyed the insurance claim ultimately, the insurant haveinsurance interests of the insurance objects can prohibit the occurrenceof morality risks, and this also comply with the requirements of insuranceloss compensation. If we require policy-holder have insurance interestsof insurance interests, the insurance contracts concluded based onmutual-aid or management with no reason will become invalid because thepolicy-holder lack insurance interests, and the culture of humanmutual-aid and management with no reason system can not be applied ininsurance areas, and thus the development of insurance industry will beobstructed. In personal insurance, the aim of the requirements of thepolicy-holder must have insurance interests is to prohibit thepolicy-holder to mike with the bodies and lives, and cause the moralityrisks. Besides, because of the exclusivity of human body and human life,the...