On The Legal Effect Of The Agreement Right Of The Insured

As the subject of the right of insurance contract, the insured is on the most important position, whose personal right and dignity of human personality should be protected perfectly. While, the insurance interest of common law legal system and the Eclectics of China can not undertake this task well. However, the agreement right of civil law legal system makes it enforceable to protect the right of the insured. From the focus, the writer will imply that the agreement will take the place of the insurance interest in personal insurance contract. Generally, it as follows:The first part introduces a case on insurance interest of personal insurance contract, asking what is the standard of how to ascertain the applicant for insurance has insurance interest or not, which makes us think about the relationship between the agreement and the insurance interest.The second part compares and debates the differences of legal systems of insurance interest among the common law legal system, civil law legal system and the legal system of China. Firstly, introduces the insurance interest of common law legal system and the shortage of it, showing that it can not confirm the relationship between the insured and the applicant for insurance. Secondly, introduces the agreement of civil law legal system and the advantage of it, which simplifies the method of confirming the relationship between the insured and the applicant for insurance, and prevents the probabilities of moral hazard perfectly. Thirdly, introduces the Eclectics of China, implying that it is equal to agreement in the practice.