On The Insurance Interests

This dissertation studies basic theories of insurable interest and further analyzes determination, validity scope and alteration of insurable interest. Consequently, suggestions are offered to perfect the insurance law of china. This text consists of five chapters. Chapter 1 serves as a general introduction of insurable interest. This part mainly focuses on the connotation of insurable interest and the related theoretical issues. Starting with the basic theory of insurable interest, the chapter turns to the concept of insurable interest, that is: the interests on property insurance shall convey lawful economic interests and the interests on personal insurance shall convey relationship of relatives or reliance or other interests. Finally, based on the foregoing discussion, the chapter analyzes the essential conditions for the insurable interest. Chapter 2 deals with determination of insurable interest. How to determine the insurable interest is the issue to be resolved in this chapter. In terms of the property insurable interest, firstly the view that determination standard of economic insurable interest shall be preserved is emphasized, and make detailed analysis on the specific determination of property insurance interests. In terms of the personal insurable interest, the author is inclined to adopt principal of "combining interests with consent", and under this principal, how to conduct a specific determination of personal insurable interest is discussed. Chapter 3 analyses the validity scope of the insurable interest. That when and to whom the insurable interest should be effective has bearing on assessing the validity of insurance contract is what this part intends to explore. Through the analysis of Article 12 (2)of "Insurance Law of P.R.C",the author hold that in case of property insurance, the insured should have insurable interest when the insurance accident take place; in case of personal insurance, the applicant should have insurable interest upon the signing of the insurance contract. Chapter 4 comes to the alteration of insurable interest. This part mainly focused on the influence of the transfer and termination of the insurance interest on the validity of the insurance contract .The author believe that the Transfer of the insurance object and the death of the insured will lead to the transfer of the insurable interest in property insurance contracts. While in personal insurance contracts, because of the fact that its insurance object is the life or bodies of the insured, it is impossible for insurance interest to be transferred, excluding the circumstance where rights and interests under the insurance contract are transferred. Chapter 5 forwards suggestions on the lawmaking concerning insurance interest. based on the analysis of theory and litigation, this chapter put forward legislative suggestions as follow: modifying the definition of insurable interest, defining the contents of the property insurable interest, revising the determination principle for the personal insurable interest, prohibiting from ordering the death insurance contract to minor, defining the time and party that insurable interest should exist.