Research On The Evolution And Value Orientation Of Insurance Object Assignment Provision

Insurance object assignment provision mainly regulates the succession issues to the validity of the insurance contract when the insured object assigns. Based on the different theories and value orientation, the regulations are varied between the new provision and the old of our insurance contract law, also among the different countries and regions. This paper purposes to expound the theory evolution and value orientation of our country's new provision on the basis of introduction and comparison of different theories and legislative model, and makes a deep thought to afford some advisable opinions.The structure and idea of this paper include three parts.The first chapter summaries the basic conception and main relationship of the provision and subdivides tow sections. The first section makes general definition of the basic conception and their relationship, such as the insured object, insurable interest, assignment of the insured object, assignment of the contract and so on; then educes three main theories of the provision in Continental Law System, that is Personal Principle, Physical Principle and Tradeoff Principle. The second section analyzes the notice rule of the provision classified by different types of risk and Principles, including its nature, elements and legal effect, then tries to make an effective cohesion between the general notice rule and the duty of notification when the risk increases significantly. This chapter aims to make a clear understanding about conception, relationship and rule of the provision, in order to serve to the research on the evolution and value orientation of the provision next chapters.The second chapter introduces the theory and legislative model of the provision among different countries and regions and also describes the theory evolution of our country's new provision. This chapter subdivides three sections. The first section introduces the theory and legislative model of other countries and regions both in Continental Law System and Common Law System. The second section describes the modification and theory evolution of our country's new provision and finds the advancement of theory evolution, mainly including the prompt to business, prevention of insurance vacuum, balance of all parties'benefit and so on. The third section makes a review of our new provision by comparison method. This chapter aims to make a sufficient understanding about the theory and legislative model of the provision, in order to find the theory advancement of the new provision and make it better.The third chapter analyzes the value orientation of our country's new provision and subdivides two sections. The first section demonstrates the scientific character of the new insurance contract law from the angle of law value and law effect. The second section finds the advisable character of the new provision's value orientation by contrast of the different value orientation between the new provision and the old from the angle of legal principles; then makes a re-balance of the new provision's by comparison method. This chapter aims to get the advisable character of the new provision's value orientation and make it better under the scientific framework of the new insurance contract law.The end of the paper affords some pieces of advice about the modification of the new insurance object provision on the basis of the analysis above and gives brief answer for some practice questions.