Research On Principle Of Insuance Interest

The contract of insurance penetrates the good fortune contract, and this kind penetrates good fortune expenditure and imbalance of income usually shown as both parties. It is exactly that such uneven easy kindling gambles and the moral dangerous, then, the interest principle of the insurance just arises at the historic moment. The principle of interest insurance is a basic principle on the law of insurance, it is not only suitable for the property insurance but also suitable for the life insurance, the establishment of this principle has great meaning of theory and practice. Law scholars of every country launch to insurance interest extensive and deep research before more than two centuries, the great one has pushed insurance legislating and sound development of the insurance. The insurance of our country starts relatively late, the theoretical research to it is not deep enough, the insurance legislates to use foreign experience for reference. The current law of insurance is too abstract to the regulation of insurance interest, a lot of questions have not been included in the category legislating, exist certain loophole, cause practice there are no laws to abide by, take place the same case will obtain different phenomenon of judgment because of different time and different courts often, thus caused the confusion on the administration of justice, influenced the further development of the insurance of our country . In view of this, this text has been discussed from several respects such as development, intension and theory of insurance interest .What's more I have analyzed the basic theories of the interest principle of the insurance and have dissected the relevant legislation of our country. Thinking that should make strict differentiation of interest of property insurance and life insurance, determined the interest circle of the property insurance as the legal actual economic benefits relation assured , require the assured to have insurance interest when the insurance accident happens; in life insurance determine insured (beneficiary) as to relative relation the assured have or trust stakes such as the relation, etc . Thinking that limits of the interest of property insurance for the insurance accident and corresponds to reality ,and limit its target of structure for the assured and could realize to the real sufferer's purpose of economic compensation. Thinking in the life insurance in order to safeguard the assured vital interests , only insure structure target of interests limit, could realize to morals dangerous controlling for beneficiary in advance, and the time present of insurance interest is confirmed to be fairer and more reasonable .