Study On Property Insurale Interests

Property insurable interest is a basic principle in insurance law with great theoretical and practical significance. Since the insurance started lately in China, relatively the study on property insurable interest theory is not deep, and the regulation of property insurance law by the insurance law currently in effect is too abstract, lacking of the operative ability, and there are some legal loopholes thereby. The situation without laws to abide by and the loopholes in laws lead to the contradiction of interpretation and application in judicial application, lead to the situation that in different time and different court different conclusions are drawn, which strictly damages the unity and seriousness of law. Moreover, due to the absence of legislation and judicial confusion of property insurable interest, many people have lost the confidence in insurance and influenced the internal development of insurance industry. The dissertation applies the demonstrative analysis and comparative study and combines all kinds of interpretative ways of jurisprudential ways, expounds the development and theories of property insurable interest, basic theories and specific types, and analyzes the legislation of property insurable interests, then discusses how the judgers interpret and apply the principle of property insurable interests in judicial practice to get a right judicial adjudication. The dissertation holds that, the judgers shall interpret insurable interests in judicial practice as following: the lawful practical economic interests owned by the insured person on insurance object. Policy holder or the insured shall own insurable interests when the insurance accidents happen, otherwise, the insurance contract shall be invalid.