An Insurable Interest In Research

Insurable interest is the one that the insured has in subject matter insured recognized by law. Insurable interest is an important document that constitutes an insurance contract, and it is a basic principle of the Insurance Law as well.This thesis adopts a comparative approach, making a study of the relevant legal regulations and theories both at domestic and abroad on insurable interest. In the area of property insurance and marine insurance, the author compares between the Contract law of PRC, Maritime Law of PRC and the Common Law; whereas in the area of life insurance, he compares between the Continent Law and the Common Law. In view of the rare study of insurable interest in China, this thesis employs the theory and principles of the commercial law to discuss series problems of insurable interest.This thesis falls into seven chapters. The first chapter is a summary of insurable interest, including evolution process, meaning, characteristics, function, purpose and nomological basis of insurable interest. The second Chapter is an introduction to the kinds of insurable interest, including property, life and marine insurable interest. The third chapter deals with the effective scope of the principle of insurable interest, mainly including the effect of time and that to person of insurable interest, and the status of the contracting parties in the litigation relating to insurable interest. The fourth chapter draws attention to the insurable interest and insurance policy transfer, which mainly includes the relationship between insurable interest and insurance policy transfer in both property insurance and life insurance. The fifth chapter deals with the common interests under insurable interest principle and other principles, which includes the issue if insurable interest imparts free and stable agreement; the relationship between insurable interest and damage and compensation principle, insurable interest and irrefutable items; if part of the premium should be returned if there is a lack of insurable interest; the relationship between insurable interest and the principle that a confession\Lcannot be withdrawn. The sixth chapter elaborates the relationship of insurable interest and international trade: the influence of commodity property in international trade and risk transfer analysis, the development of modern technology on the establishment of insurable interest. The seventh chapter is some suggestions on the development trend and legislation of insurable interest in our country.To explore the nature of insurable interest, the author analyses the political and legal intention in detail, so that he might provide theoretical support to the legislation of China's Insurance Law of PRC. To make sure the study is a comprehensive and systemic one, the author also discusses some legal regulations relating to insurable interest. But due to the limitation of time and knowledge, it is hard to avoid various mistakes, thereby all the comments are welcomed .Jiaxin Ren(majoring International Law) Directed by Professor Hongxiu Yao...