| Insurable interest is the interest that the law requires the insured to have in the thing or person insured. It is one of the most significant issues in insurance doctrine. Whether the insured or an insurant has insurable interest determines effect of insurance contracts. That is to say, insurable interest is an effect element of insurance contracts. With regard to principle of insurable interest in life insurance, whether it is an effect element of insurance contracts, different scholars have different ideas, and in legislative practice, the stipulation in insurance law of each country is differential. In our country, norms on principle of insurable interest are not so advanced because of less developed insurance business that makes legislation on insurance fall behind the development of insurance activities in a sense. So it is helpful to make reference to some useful and mature theories and practices of foreign countries.The thesis is divided into five parts:The first section elaborates the historical development concept and constitutive elements of principle of insurable interest, and demonstrates the establishment of insurance originates from the needs when people experience risks, that is "no risk, no insurance". And nobody should get benefit without loss or above loss from the event insured against.The second section introduces legislations on insurance interest of life insurance in western countries, and makes contrastwith each other to benefit legislation on insurance of our country.Thirdly, the author discusses stipulations on principle of insurable interest of life insurance in our country, as well as practice of recognition. And then poses suggestions to improve legislation on insurance of our country.Finally, by rethinking principle of insurable interest of our country, the author analyzes concept of insurable interest and gives a new definition of subject object contents and time requirements of insurable interest, and then points out that defects of legislation on insurance are caused by ambiguity of insurance doctrine, and further effects the fast development of insurance business in present china. |
