Insurable Interest In The Application Of Marine Insurance In China

With the history of more than 200 years' development, the insurable interest is not only established as the basic principle of Insurance Law among various countries, but also is carried out and in function throughout the Insurance Law; and it become the soul of the Insurance Law. Nowadays, human beings are more and more in pursuit of safety and protection. Under this background, the insurance becomes more prosperous, and the Insurable interest has obtained new development under the new historical situations. There is no related provisions on the definition, transferring, recognition of insurable interest, its influence on the validity of insurance contract in our country's Maritime Code(C.M.C.), but the insurable interest provided in the Insurance Law is obviously not in accordance with the insurance interest in marine insurance. Our country's Insurance Law is traditionally considered as the inheriting of the Continental Law, and yet the C.M.C. is deeply influenced by the demonstration standpoints of legal value of Britain and America, which has a clear reflection in the principle of insurable interest in the C.M.C. In judicial practice, it results in the fact that the concept and definition in Continental Law are usually used to interpret the reality of the law in Britain and America, which makes many legal problems arise when applying insurable interest.At first, the writer expounds the historical development, characteristics, and function of insurable interest; Secondly, the comparison about the provision of insurable interest is made between British and American law and Continental Law; In the end, the writer expounds and analyzes the legal foundation of insurable interest as well as the legal defects of the insurable interest system in China. In this chapter, the writer mainly elaborates all the elated aspects about the insurable interest so as to make a solid foundation for the explanation and analysis on the problem of insurable interest in next chapter. In chapter two, the writer mainly states three problems, namely, the problem of insurable interest, the carriage of goods by sea, the vessel'sinsurable interest and the insurable interest in the marine reinsurance. In this chapter, by quoting many cases, both domestic and abroad as well as analyzing these cases, the writer discusses and analyzes the problems of insurable interest arising in three fields mentioned above. In the Continental Law, the principle of insurable interest is divided into the academic viewpoints as follows: general theory of insurance interest, technological theory of insurance interest, economic theory of insurance interest. In chapter three, the writer dissertates the principle of economic interest applied in marine insurance from three aspects, namely, necessity, reasonability, feasibility. At last, the writer states viewpoints and makes proposal on the problem of insurable interest in China's marine insurance, and meanwhile brings forward the related suggestion and problem that should be paid attention to in the insurance practice.With people's deep understanding of the insurance market, the stronger of the sense of insurance, and China's joining the WTO, the admittance to the insurance market has already started. In order to perfect the principle of insurable interest in China's marine insurance and to make it meet the international standard, this dissertation has a deeper and systematic research on some problems of the insurable interest applied in marine insurance for the purpose of offering some help for the legal workers and people in the insurance practice.