The Agreement Principle Of The Insurant In Life Insurance

Insurants'agreement principle emerges when policy-holders make an insurance contract for the third person. There are three kinds of laws on the issue of whether a person has the right to make an insurance contract on other person's life or body in the countries all over the world. They are interests ism, agreement ism and compromise ism which absorbs both interests and agreement ism. However, there is no agreement among the scholars on which ism should be adapted in China and great difference exists on the advantages and disadvantages. In my opinion, life insurance should not only protect the rights and interests of the insurant, respect the personality right of the insurant but also prevent the ethic danger and gambles so that it can develop properly. From this point, the agreement ism has the particular predominance and there is a general agreement on the adoption of agreement ism in the future. The aim of this thesis is to find a more reasonable system through the analysis on the legislation of overseas and our country, which makes the advantages and disadvantages of all these ism.In the first part the agreement ism of the insurant is researched. Firstly, the personal right is sufficiently respected in the agreement ism. Life insurance is an insurance which targets on the life and body while the insurant has the right of his or her body and life. So'it is an encroachment to the self-governed insurant to dispose the personal right without the insurant's permission.'Secondly, the agreement ism can prevent ethical danger in life insurance. Because if the life insurance contract is targeted on the body and life of the insurant the contract won't go into effect without the insurant's agreement. The insurant can make a thorough investigation on the policy-holder's intention before he or she make a decision whether to sign the life contract.'The exertion of the insurant's agreement is an effective means to prevent the ethical danger which is more effective than the check by the underwriter when a contract is signed.'Thirdly, in judicature the agreement is an easy means to manipulate. Under the agreement ism the life contract will become effective with the insurant's permission only. Thus the judge can judge the validity of the contract by the agreement of the insurant, the relation of relative or other interests can be omitted.In the second part the agreement and interests ism are researched by contract. Generally the agreement ism belongs to the continental legal system while the interests ism is mainly used in anglo-american legal system due to the different law adopted in the two legal systems. But not all the countries in one legal system share the same rules. The author analyzes the cause of the difference. The concept of law is man-made and it can't break through it's culture limitation. Every country will choose the proper ism which is suit for the actuality and historic or cultural background of the country. Take the lawmaking in England as an example, it adopts strict money interests ism that is even parents haven't insurance interests on their children. Such regulations entirely is based on it's historic and cultural background. In England parents have no obligation to raise their children while the children have not any legal right to their parents. From this point of view the adoption of the money interests has reasonable foundation. If the same lawmaking is put forward in China insurance law, the law will be considered as an'evil'law and difficult to enforce. Through the analysis based on the contrast of the two kinds of lawmaking the adoption of the agreement only has limitation. I think that if only the agreement ism is adopted the function is neither absolute nor unlimited though it can prevent the ethical danger.'If the insurance contract is based on the third person's death and not to mention the insurable interests, the evil of doing harm to people's life will emerge in endless for there will be immoral persons who buy such agreement(as same as buying people's life). I think China should adopt a two-tier ism which absorbs the good qualities of the interests and agreement ism and the disadvantages of each can be avoided. Life insurance can not only protect the rights and interests of the insurant, respect the personality right of the insurant but also prevent the ethic danger and gambles so that it can develop properly.In the third part the law conditions in our country is analyzed and suggestions of amendment are put forward. At present law scholars have different opinions on some items in insurance law and great difference exists in dealing with the case and judge. The reasons are the obscure regulations in insurance law. Firstly, the 12th item about the insurable interests is in the second chapter-provision for insurance contracts. From this we can see the life and property insurance are not distinguished and this item can be used by both the life and property contract. Although insurable interests exist in both contracts they have great difference. Insurable interests should be strictly prescribed differently on the property and life contract. Secondly, great divarication of theory and practice emerges on how to understand the 53th item in insurance law. Aiming at the disunity of the cognition on this item in theory and practice realm judicial explanation should be put forward as early as possible. Thirdly, the 56th item regulates that the insured who is given money by the contract only under the conditions of death must agree the content of the contract. In my opinion that injure on person should also be added to this item. Policy-holders who will get the compensation on the third person's injure should also get the insured's agreement for the ethical danger and gambles can be aroused in such contracts.