Essence Of Insurable Interests

Insurable interests were taken to prevent gambling from the very beginning. With the development of insurance, it step by step departed from the trails of pure ethic regulations, ethic calculation is just the base line, not the main object. Insurable interests demonstrate the change from pure ethic regulations to legal regulations. The insurable interests which have become simple regulations can not separately bear the functions, such as preventing gambling, unjustified enrichment and morality risks which were considered to have in the tradition. The insurable interests have the function of ethics. And it also has three significant functions in: firstly, it connects insurance contract law with procedural law and opens an entrance to the field of"programming of value problem"; secondly, by means of the specification and embodiment of the insurance contract, ascertaining the damages and range of each insurance products and differentiating the various legal interests on the same objects, it helps us easily to develop more insurance products; thirdly, it adapts to the developments of the insurance and leaves us an unattached access so as to keep the insurance law from the restriction of the traditional civil law. This access is to a essential space which contains the difference between commercial ethic and goodwill in contract law, the conflict between commercial technology and law system. Also this access gives way to commerce for law.The essence of insurable interests is decided by its independent value. This text discusses the quality of insurable interests and the foundation of insurance contract's force adeffect and insurable interests, analyses the similarities and differences between insurable interests and consideration, cause. This paper try to discover the reason of two theories including insurable interests and consideration reach the same fate by different routes. Its essence is help to decide what kind of promise to be performing in insurance contract (unilateral standard) through considering bargaining, and that the theory's true meaning is also manifested reversely: when the judges apply insurable interests, in most occasions, they search for the necessities for insuring, not looking for the insurable interests as they ever did before. This phenomenon incarnates in the expedition of insurable interests conception sufficiently. Just like destiny of consideration system, the function of insurable interests system comes down little by little. Insurable interests keep its unique value because of its entity, procedural and economic function even if its ethic function is missed. Restriction of insurable interests by essence of insurable interests depends on the relationship between insurance transaction and human ultimate motive. The text demonstrates the determinant of insurable interests'ethic function and technical function by analyzing the relationship between insurable interests and law value and technique.