Talk About Insurable Interest Of Stock Ownership

Insurable interest of stock ownership is the economic benefits which stockholders have to company property according to shareholders'rights. Concretely, it is the economic benefits, which shareholders make the investment to obtain, by law or company rules, on the basis of rights of shareholders such as the right of receive dividends, the right to surplus property allotment etc. Insurable interest of stock ownership includes two aspects, the existing benefit and the anticipation benefit which shareholders enjoy to the company property. In nature, insurable interest of stock ownership is one kind of positive property insurable interests, which contains the existing benefit and the anticipation benefit, and has both the request right and the dominant right.Insurable interest of stock ownership is a comprehensive question, which involves corporation law, insurance law, economic, and so on, and a question which theory and practicality are very strong. It is an indispensable constituent insurance interest, which has the very important legal status. But, the laws of different countries have still existed loudly disputed to"whether to acknowledge insurable interest which shareholders to company property". In the countries of UK-US legal system,"the strict limit criterion"and"the economic interest criterion"have disputed, but mainstream viewpoint is gradually to"the economic interest criterion". The viewpoints of the countries and the locals of the mainland legal systems are more numerous, waiting for further learns. "Insurance Law"of our country has not made the explicit stipulation to the question of insurable interest of the stockholder's rights.Under our country social conditions, acknowledged that the shareholders have the insurable interest to the company property, not only has the realistic necessity, but also conforms to the legislative spirit of insurance interest principle. Theoretically speaking, the shareholders materially have the stake to the company property, which is the economic interest relations can be advocated by law or be acknowledged, and may determined. Moreover, acknowledged that the shareholder will have insurable interest to the company property not to initiate gambling and the moral hazard. In reality, acknowledged that the shareholder has insurable interest to the company property, may carry on the practice operation by insurance methods such as valued policy insurance , unvalued policy insurance, generalize insurance. Therefore, acknowledged that shareholders have insurable interest to the company property is completely feasible.Questions that the dispute of insurable interest of stock ownership initiate have exposed the conservation of tradition business insurance ideas of our country, and the flaws of present insurance interest system of our country. Along with the transformation of modern insurance business, the characteristics of modern insurance such as investment, freedom, credit, social, were getting more and more obvious, which have decided the main body of insurance tended to the diversification, the coverage of insurance tends to the wideness, the contract of insurance tends to the liberalization, the function tends to social. But insurance law of our country about insurable interest has been seriously fettered the development of insurance business, has restricted the insurance desire and hindered the trade development of insurance business. Therefore, insurance law needs to revise to adapt the modern business insurance trend.Insurance law of our country hasn't already conformed to the modern business insurance ideas and the trend of development about the rules of main body and scope limits of insurable interest. Insurance Law of our country defines the main body of insurable interest as insurance applicant, which not only has attacked the passion that policyholder applicant, but also not favor own development of insurance business. In fact, if the main body of insurable interest is the insured, it is more reasonable. It not only conforms to the trend of development of modern insurance business, but also is good to enhance transaction rate of insurance. Similarly, the scope of insurable interest of our country strictly defining as in the scope of law is too conservative. In fact, all the economic profits that don't violate laws and regulations don't harm the social public interest and the common courtesy should belong to insurable interest.