The Interests Of The Property Insurance Research

Insurable interest in propoerty is the foundation of the insurance law and play an important role. Due to the retard of the insurance development in our country, the attention paid to insurance law is not enough, even though the insurable interest. With the insurance development , people begin to make much of it, but the work over insurable interest still can not keep up with the rate of insurance development. The theories about it are not conform. The disputes related are increasing. And there are no laws to abide by , at the same time the courts at all levels do what he thinks is right while handling this kind of case .The aim of this paper is to conclude the functions of insurable interest system in property insurance through the research on the background of insurable interest's beginning and summary relating theories. So the importance of this system is get self-evident. And then I analyse the form of insurable interests in property insurance. To this problem, I point out that we should adhere to the economic insurable interest theory. Through the research on effect of insurable interest and combine the legislation with practice of our country, this paper puts forward some problems that our country exists at present, and puts forward a piece of humble opinions about it. At last this paper studies concrete types of insurable interests. This paper points the problems exist in various kinds of insurable interests and their relations through cases.Through the study this paper conclude that the insurable interest is the key system of the property insurance and insurance law. Our country did not take care of this theory and practice in the past, but now, we should pay close attention to this system, because it related to insurance contract of property effect, overlap insurance, excess insurance, damage and indemnity. So we should add insurable interest clause in the insurance contract. It will be easy to confirm who should be indemnified and how about the harm. At the same time, we should add the warning obligation and the liability clause for the insurer. Who own the insurable interest and when insurable interest exist concern theeffect of property insurance contract. We should emphasize that the assured need own insurable interests when the accident of the insurance happens. Instead, it is unimportant whether the insurant has corresponding insurable interest, whether the insured own the insurable interest when the insurant contract with insurer. Due to many kinds of reasons in the economic life, insurable interest will transfer from one hand to the other hand. This will influence the effect of the insurance contract differently. So there should be difference in the impact on validity of the insurance contract.This paper research the history about insurable interest, apply comparative method, connect theory with practice in order to make insurable interest get clear from many angles of view. Through the research of its history we know the origin, the problem and solution in the course of developing. Comparing different country's law, we can know what they considered, what's their main purpose and how they solve the common problem, and drawn lessons from their measure. As well, the practice about insurable interest in property insurance let's understand the realistic problems and its meaning.