The Legislative Perfection About The Point When Insurance Interest Exists

The insurance interest is the heart and soul of the contract of insurance, and rule of the point when insurance interest exists is also a fundamental element, which determines the formation and effectiveness of the contract. The so called termination of the insurance interest is to quest in which time period it can be factor to determine the effectiveness of the contract of insurance. It can be said that our research in this area is still under developing. It regulates that the insurance interest exists when the insurance contract come into existence in insurance law in our country.The regulation of law leads to the controversy in theory,many scholars put forward some doctrines to make the legislation perfect.It is very difficult to uniform all kinds of legislative doctrines which leads many controversities ,such as the obscure theory of the relation between the point when insurance interest exists and the change of property right,the meaning and the subject of the insurance interest,if the insurance interest is the condition which makes the insurance contract go into effect.The text is to research the questions about the point when insurance interest exist in the following four parts: The author introduces the evaluation of legislative doctrines about the point when insurance interest exists in chapter one, and appraises it, primary put forward my legal proposition. There are two parts in this chapter: In section one the author introduces Legislative doctrines about the point when insurance interest exists. There are two doctrines about the point when insurance interest exists , i.e., the affirmative and negative doctrine. The negative doctrine holds the obscure of the point when insurance interest exists.The affirmative doctrine holds the necessarity of the point when insurance interest exists.This doctrine is popular. It constitutes the following several points in detail. This is to say the argument holds that the insurance interest should come into being when there is a contract of insurance; the argument holds that the insurance interest should come into being when the accidents happened; the argument holds that the insurance interest should come into being when both the contract and the accidents got on their way; the argument holds that the point when insurance interest exists about person insurance and property insurance should be regulated respectively . In section two the author appraises Legislative doctrines evaluation about the point when insurance interest exists. The author holds the affirmative doctrines and should define the point when insurance interest exists by person insurance and the propery insurance.Specifically speaking, when we talk about the property insurance, the policy holder should be demanded to have the insurance interest, but when the policy holder and the beneficiary are the same one, the policy holder will never be demanded again. When the accidents happened, it is not demanded that the policy holder have such kind of interest, but under some special circumstances, such like the beneficiary are named by the policy holder, it will be demanded. As to the personal insurance, when the contract of insurance came in to being, the policy holder should have the insurance interest, but if the policy holder and the beneficiary are the same one, the so called interest should not be demanded. When the accidents happened, the interests can not be existed, but there are some exceptions, such like the medical insurance, the funeral fees and accidental casualty, etc. In chapter two the author introduces the legislative perection necessity about the point when insurance interest exists. There are two parts in thischapter: In section one the author analyzes the regulation about the point when insurance interest exists have many values, such as against the flourish of gambles and the moral demise a, make the theory perfect. In section two the author put forward the adoption of the point when insurance interest exists have many effections in practice,such as against the insurance frauds and some other invaluable losses, by doing which, it can encourage the policy holders and increases the net gain of the insurance company. In chapter three the author discuss the legislative perfection feasibility about the point when insurance interest exists. In section one the author indicates the legislative perfection about the point when insurance interest exists can be linked up with present theories such as the theory of insurance law. By doing this, we can ascertain the concept of the insurance interest. At the same time, it can bridge the theory of civil law. In section two the author clarifies that the legislative perection is feasible for abundant laws of other countries not only in Common Law Legal System but also in Case Law Legal System. In section three the author clarifies that there are lots of experiences we can drawn from our domestic legal practice. Actually the courts use the law of insurance flexibly and generate lots of tricks. In chapter four the author put forward the Legislative design of the rule of the point when insurance interest exists. There are two sections: In section one the author brings forward the Legislative allegation of the...