On Position Of Policyholders Without Insurable Interest In The Contract

Insurable interest as the core of the insurance system is an important condition for entry into force of the insurance contract. Determining the subject of insurable interest has always been the issue discussing by insurance circles of every country. This is not only theoretical discussion, but also has practical significance. In our Insurance Law, the provisions of the subject of insurable interest are not very clear. Before the revision, element of the contract into effect is that the insurance applicants must have insurable interest. Under the new provisions of property insurance, the insured must have insurable interest, while there is no such request to the insurance applicants. The new provisions meet the diversity of needs of the insurance practice, but also will have some problems. This thesis will analyze the position of policyholders without insurable interest in the contract from the start of the common disputes in the insurance practice, trying to find a practical solution to such practical problems.This thesis is divided into three parts, namely introduction, body and conclusion. The part of introduction mentions the purpose of writing this thesis, and the reasons for choosing the point of view of logistics company insuring cargo insurance. Hope this thesis will provide a useful reference to the improvement of legislation and the future operation of insurance practice. Three chapters compose the part of body.The first chapter mainly explains the definition of policyholders without insurable interest. In order to define whether the policyholders have insurable interest, the author of this thesis illustrates the multiplicity of insurable interest and lists several different types of insurance according to the relationship between insurable interest and object of insurance. Because of the revision to the provisions of insurable interest, interest of object and interest insured may be not matched, so the analysis and the definition is even more necessary.The second chapter mainly analyzes legal relationship in cargo insurance insured by logistics company. Firstly, logistics company needs to determine the type of insurance. Through a brief introduction of cargo insurance and carrier's liability insurance, this thesis points out the reason why logistics company does not choose the carrier's liability insurance. Secondly, through a specific interpretation and appropriateness analysis of cargo insurance, this thesis defines the qualification and insurable interest of logistics company. Based on that, this thesis elaborates on legal relationship among the logistics company, the shipper and the insurance company. Finally, issues and disputes in the practice of logistics company insuring cargo insurance are listed and the solutions are proposed in the next chapter.The third chapter mainly recommends some feasible suggestions based on existing legislation on insurable interest related to property insurance. Insurance Law is just revised, so it has to be further improved. As a result, we can not wholly rely on it. This thesis puts forward some practicable recommendations to the practice of logistics industry, for example, to consider opening up some new types of insurance, or to specify the insurable interest in the relevant insurance contract, or to reduce the disputes by consultations between the two sides.