Research On The Theories And Practices Of The Insurable Interests Of Marine Cargo Insurance Contract

Insurable interest is a featured concept of insurance contract law. Generally the doctrine of insurable interest is viewed as one of the basic and unique principle of insurance contract law theory. The significance is not only because of its theoretical importance, but also comes from its particular importance in practice.As the old saying goes, "No interest, no insurance". To the marine insurance law, the principle of insurable interest absolutely is one of the most important principles. But our law of admiralty has not provided any principle of insurable interest. This principle is formulated by our insurance law, but not detailed, which will cause unpleasant impact to their application itself and the effect of their application.After reading a lot of literatures and sum up experiences of some experts that relative to this issue, the author acquires her general viewpoints in respect of insurance interest through comparing theoretical viewpoints, laws judicial practices, classical theories regarding insurable interest in common law system , civil law system, and that laws in some other countries and regions, then advances her own opinions after expounds the circumscription of insurable interest and development status of insurable interest in theory. After that the author discusses the issue of the circumscription of insurable interest in insurance Law and judicial practices in our country with some cases. At last , the author advances her advices of the legislative development of insurable interest of our country.There are five parts in this paper ,firstly, the author advances the study objects combine with the development history of the insurable interest in the introduction; In chapter one, the author advances her own opinion that she sustains the theory of essential danger then expatiates her own understand about the word "risk" through expounds the development of some classical theories about the insurable interest, then illustrates the legislative status of some countries and regions about insurable interest, and comes to the conclusion that each country has its own legislation about insurable interest ,generally, the rule of insurable interest only can be used in property insurance contract, but in civil law system countries, it can be also used in life insurance contract, contrasts the defines of the insurable interest in different countries and then advances her own notions; In chapter two, the author advances her opinions that the transfer of danger and the transfer of ownership should be separated by expounds the legally pattern of the circumscription of insurable interest and the important document of insurable interest of marine cargo transportation insurable interest; In chapter three, the author illuminates the issue that occurs in the practice of marine cargo transportation insurable interest by enumerates typical cases, when she discuss the relationship between the insurable interest and the losing the author advances that the correct relationship between them is the insurant has his rights to the subject matter that admitted by law(assume the risk of the cargo or get the ownership of the cargo) so the insurable has the insurable interest (the destroy or damage of the cargo will bring economical loss or liability to the insurant) ; In chapter four, the author advances some notions and advices about the lawmaking of insurable interest in our country combine with the legislative status of our country today. At the last of this paper, the author sums up the main points of view of this paper and lay her expectation of the legislation of insurable interest of our country.