The Study On Insurable Interest Of Marine Cargo Insurance

The principle of insurable interest is the soul of marine cargo insurance. Researches of insurable interest in marine cargo insurance in China are based on translation of foreign classical literature, annotation of foreign laws, international conventions and traditions. In our insurance law, the definition of insurable interest is extremely abstract which is not operational in judicial practices. The second revision of the Insurance Law of PRC in 2009 corrects some wrong understanding to the principle of insurable interest in property insurance in the past; solves some difficult problem about practice of marine cargo insurance. But the revision does not analyze the essence and element of insurable interest. The problem of insurable interest in marine cargo insurance could not be resolved. In the time of perfecting The Maritime Law of PRC, we should pay more attention to insurable interest of marine cargo insurance. Theory of marine cargo insurance will be rich to ensure development of international trade.This paper is divided into four parts. The chapter 1 introduces marine cargo insurance briefly. By discussing insurance object, insurance risk and insured liability of marine cargo insurance, we can know the insurable interest′s importance status in marine cargo insurance. It shows the influence of the second revision of The Insurance Law of PRC on marine cargo insurance. In chapter 2, it analyzes the theory of insurable insurance in marine cargo insurance. Firstly, it shows the brief developing of insurable insurance; secondly, it gives a detailed statement of insurable insurance in marine cargo insurance, including subject, content and demand for time; thirdly, it shows the relation of insurable interest and risk bearing; finally, it discloses the owner of insurable interest, based on 3 common INCOTERMS, combining the rules of CISG, INCOTERMS2000 and the Contract Law of PRC. In chapter 3,focusing on the practice of marine cargo insurance, it discusses the relation of international trade contract and marine cargo insurance, insurable interest transfer, risk transfer, insurance policy transfer and so on. At last,we know the true owner of insurable interest. In chapter 4, by summarizing all results above, it puts forward preliminary advices on the revising the Maritime Law of PRC.