On The Right Of Consent Of The Insured In Personal Insurance Contract

The purpose of the conception of insurance interest is to tell the difference from gamble and prevent the probabilities of moral hazard. In property insurance contract, the conception of insurance interest is helpful to ascertain loss margin , prevent excess insurance , and forbid unjust enrichment. Insurance law of countries in the common law legal system apply insurance interest both to personal insurance contracts and property insurance contracts, and establish systematic regulation to assure insurance interests in personal insurance contracts through written law or case law, while the ones in the civil law legal system apply insurance interests to property insurance contracts only. The present insurance law of our country arrayed the part of insurance interests in the general provisions of insurance contracts, applying both to personal insurance and property insurance contracts. Thanks to the differences of the subject-matters insured between personal insurance contracts and property insurance contracts, there are different criterions to ascertain insurance interests in personal insurance contracts and property insurance contracts. The insured's behalf, which is the first and forth consideration in distributing benefit in insurance contract, constitute the focus of insurance contracts, especially in personal insurance contract. In personal insurance contract, the insurance benefits which take on subjectivity can not be made certain through objective tools. By using the agreement right, however, the insured can effectively get the decision of insurance interest objective, and obtain respect of personal right. There are some careless omissions in present insurance law of China, which should be revised in the...