A Juristic Research On The Insurance Interest Of Property Insurance Contract

Property insurance contract is an important part of the insurance contract, and property insurance interest, which runs throughout the property insurance contract, is the most crucial element in it. The 12th article, the 1st clause of our Insurance Law of PRC(Insurance Law for short) prescribes,the insurant should have insurance interest on the oaupation of insuranceobjeats. However, such problems as how to define the property interest in the property insurance, and the specific effect of property insurance interest in the contract fulfilling process, have not been prescribed in detail. Even in the related stipulations about property insurance contract of the Insurance Law, the 2nd section of the 2nd chapter, no concrete stipulations are stated. Obviously, the concept and the concrete content of property insurance interest are not clearly prescribed in our Insurance Law.The property insurance interest is not only the simple stipulation prescribed in the Insurance Law, and its effects are also not limited as introduced in the articles. In the property insurance practice, property insurance is quite influential to the confirmation, the alternation and the termination of the contract. However, its significance embodied in the concrete practice is not paid enough attention in the legislation process. Because of this phenomenon, the property insurance interest lacks of the essential theoretical base in the concrete practice. The distemperedness of the property insurance contract leads to some serious problems in the making and conducting process of the property insurance contract, such as: the party concerned are not clear about the insurance interest, the violation after the confirmation, the adscription of property insurance when modifying the contract, and the warranty of insurance interest when claiming, etc. Thus, it is necessary for us to analyze and discuss the insurance interest in the property insurance contract systematically, aiming at solving all kinds of problems that we may come across in practice from a theoretical point of view.This paper starts from a case which leads to two problems concerning with property insurance interest, namely its effects on the making and claiming of the property insurance contract. According to the 12th article, the 1st clause of our Insurance Law, the insurant should have insurance interest on the oaupation of insuranceobjeats. Where as for the specific contract, it is not clarified in detail. In addition, in the ache of the claiming of the property insurance contract, the law also does not offer specific prescriptions to its effects and functions. This case begins with the two important and urgent problems, showing the importance of the insurance interest to the property insurance contract from a practical point of view, thus proving its significance in the aspect of theory.This case leads to the second part of this paper, namely the summary of property insurance interest, which introduces the background, the development, the definition of concept, the characteristics and some related theories of property insurance interest. This part discuss the property insurance interest from its basic viewpoint, and from the introduction to it, it is easily understood that the property insurance interest is the earliest and the most comprehensive insurance interest. Although our Insurance Law provides a general sum-up of the concept of insurance interest, we could find easily that the differences among different insurance interests are quite obvious, and the factors and connotations concerned are not the same. Especially on the analysis of its characteristics, we could get the fact that property insurance interest is different from other interests, especially from personal insurance interest. This also analyzes the independency and specialty of property insurance interest on a further level.The third part of this paper discusses the functions and efficacy of property insurance interest. In the first place, this part breaks the functions of property insurance interest into general function and special function, and explains them respectively .The division is made for the following reasons: on one hand, the general function of property insurance interest discusses its significance to property insurance interest from the viewpoint of its nature; on the other hand, as for its special function, it discusses its importance from a practical point of view .As far as function is concerned, the efficacy of property insurance interest is more detailed, which is embodied in the decisive effects of insurance interest in the making and conducting of the insurance contract.The fourth part of this paper is the introduction to the types of property insurance interest. The complexity of its content is also part of the reasons why property insurance interest is an important part in insurance interest. This part analyzes the property right, the creditor's right etc respectly, aiming at understanding the nature and connotation of all of the related right insurance interest.The last part of this paper discusses the judicatory application of property insurance interest. This part concludes with putting forward some views and suggestions on how to apply the insurance interest in practice and some new thoughts and developing trends, combining the contents of the previous four parts, especially the case in the first part. This part is a conclusion of the whole paper, as well as a process of putting forward the question, analyzing the problem and settling it. The purpose of this paper is to find out the theoretical base of property insurance interest through the discussion of it, making the property insurance interest being applied to its utmost and serving better in the property insurance contract as well as the whole property insurance field.