Research On Principle Of Insurable Interest

This thesis is on the principle of insurable interest with the comparative and positive methods.The first chapter analyses the background of the birth of the insurable interest and summarizes the theories of the insurable interest, differentiates the relationship between the principle of insurable interest and the insurable interest, and then deduces that the principle of insurable interest is the fundamental principle of the insurance contracts instead of insurance laws.The second chapter analyses the influence of the scope of insurable interest on the principle of insurable interest from the two angles of main part and content of the insurable interest, put forwards the methods of controlling moral risks and preventing gamble. That is to say, limit the amount in the insurance contracts and the insurants agree to set up the examining mechanism of the insurance contracts. The two methods are useful for utilizing the principle of insurable interest in practice.The third chapter talks over the basic aim of the principle of insurable interest. The author holds to limit the parties' action of reaching insurable contracts to prevent insurable gambles and moral risks. Under the base of a comparative analysis between the domestic and the abroad regulation of violating the principle of insurable interest, the author holds that the parties who violate the principle of insurable interest should bear civill, administrative and criminal responsibility.At last, the thesis points out the defects of applying the principle of insurable interest, then put forwords a new program. It is helpful for the development of the insurance and also defend the principle of insurable interest.