On The Subject Ownership Of Property Insurance Interest

The theory of insurance interest as the foundation of contract of insurance was first originated from property insurance. With the development of property insurance theory, the discussion about core problem of ownership of the insurance interest subject has never stopped. Since this core problem decides the realization of the functions of property insurance such as protecting insurance from gambling, from ethic risk and ensuring range of loss coverage as well as the healthy orderly development of the insurance. Thus, this paper will research into the ownership of insurance interest and rights disposition of subject in the property insurance contract on the basis of alteration of property insurance interest and analysis on functional value with the combination of Anglo-American law system and theory from Taiwan scholars, aiming at contributing pygmy effort to integrity of Chinese legislation.The paper is divided into four parts:Part One: The forming of the law essentials and legislation practice of property insurance interest. The establishment of modern commercial insurance is closely related to the development of the maritime trade. It is to prevent the establishment of agreement on sailing gambling that theory of insurance interest emerged as the time requires and develops continuously with the change of diversified economy life, participation of judicial precedent and enrichment of legislation. Now there are three main theories: A. Factual Expectancy Theory, which believes that insurance interest is no necessarily a statutory power of certain object. As long as the subject matter insured is related to and may be damaged or endangered by the occurrence of the insurance accident, though the interest is not existing currently, the insured or beneficiary has the insurance interest. This theory and its development meet the insured's needs, serving the insurance functions of diversification of risk...