Research On Legal Issues Of Insurable Interest

The word insurable interest is from English, having a history of two hundred years since it appeared in the eighteenth century, which has formed a complete theory and is an important content in insurance law. The insurance legal system in our country is at developing stage, being far from having a thorough study on insurable interest, there exist a lot of problems on legislation and practice. This dissertation studies basic theories of insurable interest and further analyzes determination, validity scope and alteration of insurable interest. Consequently, suggestions are offered to perfect the insurance law of china.This text consists of four chapters.The first part is survey of the insurable interest concept, whose definition lays a solid foundation for insurable interest. By studying the historical development on insurable interest both in common law and civil law, insurable interest content is the lawful economic interest. The insurable interest concept is the lawful economic interest of the insured or the beneficiary to the insured target, which is different from the one used in Insurance Law of China. The author proposes to revise the twelfth clause in Insurance Law of China, which is related to insurable interest.Chapter two is on the interest of property insurance. Property insurance interest is the subject's economical, legal interest that can confirm in relation to insurance mark. It produces on the basis of existing interest of the property and interest of expecting. Its time effect should be identified when the losses take place, and the effect to person should be identified to the assured.Chapter three is on personal insurance interest. With the comparative jurisprudence, the text introduces the legislative style of the personal insurance interest of various countries. The cognizance of personal insurance should be replaced by agree doctrine principle and interest doctrine principle. Insurable interest in personal insurance should adapt to the development of market economy, it will play a positive role to determine insurable interest for the developing of insurance business and prospering of market economy in our country.Chapter four is on the development trend of insurance interest and the corresponding legislation proposals. Chapter 4 forwards suggestions on the law-making concerning insurance interest. Based on the analysis of theory and litigation, this chapter put forward legislative suggestions as follow: modifying the definition of insurable interest, defining the contents of the property insurable interest, revising the determination principle for the personal insurable interest, prohibiting from ordering the death insurance contract to minor.