Legal Deliberation On The Subject Of The Life Insurable Interest

Since the issue and implementation of the 1774 Life Insurance Act of Britain, it is over two hundred years that the application of the principle of the insurable interest has been doing in the field of life insurance. During this period abovementioned the system of the life insurable interest has been adopted and abandoned for a great many times, and has been gradually becoming better and better in the discussion of the community and practice of insurance, so as to maintain the vivid life energy with the change of social economy. In the condition of the market economy, it is just the value discussed by this dissertation that how to define the subject of the life insurable interest in a scientific manner, taking advantage of the implementation of the new insurance law of China, so as to promote the insurance cause to forward further.The dissertation herein holds the view of the beneficiary centrism, that is, requirements of the life insurable interests shall be placed upon the beneficiary, rather than the present main perspective, say the applicant for insurance centrism. It shall be divided into four chapters, including:The first chapter introduces the outline of the life insurable interest. First and foremost, it distinguishes some approximated concepts with the insurable interest to identify the constitutional elements of the life insurable interest, and compares and analyses the present main theories on the characterization of the life insurable interest. Secondly, with respect of the judgment on the life insurable interest, it starts from the two legal families to discuss the related quantitative compartmentalization. Thirdly, it profoundly analyzes the controversy on whether the principle of the insurable interest could be applicable in the life insurance, drawing the fundamental conclusion that the principle of the insurable interest could completely apply to the field of the life insurance.The second chapter tells the pondering from the function to the subjects. It firstly starts from the basic functions of the principle of the insurable interest, deducing the conclusion that the main problem needed to resolve in this dissertation shall be the transposition of the subjects among the moral hazard, the claim for the insurance money and the life insurance. And then it makes the analysis on the three subjects of the insurance contract, discussing the connotation and extension, and performs the contrast on the rights and obligations of the subjects in the laws and regulations. At last, it integrates the insurable interest and the subjects of the insurance contract to investigate the connections between the subject of the insurable interest and the subject of the claim for the insurance money.The third chapter shows the discussion on the claim for the insurance money and the subject hereto. Mainly starting from the basic cognition on the claim for the insurance money, it analyzes the relationship between the two subjects of the claim for the insurance money and the claim for the insurance money, making the conclusion that the subject of the claim for the insurance money shall be subject of the moral hazard in essence.The last chapter discusses the gaming between the subject of the moral hazard and the subject of the life insurable interest. It talks over the superposition and separation in practice among the applicant for insurance, the insured and the beneficiary, and compares and analyses the advantage and disadvantage between the applicant for insurance centrism and the beneficiary centrism, drawing the conclusion that the subject of the insurable interest shall be just the subject of the moral hazard, that is, the principle of the insurable interest in the field of the life insurance shall set up requirements on the beneficiary, due to the equivalence to the subject of the insurable interest and the subject of the claim for the insurance money while the consilience between the subject of the claim for the insurance money and the subject of the moral hazard...