An Insurable Interest In The Legal Research

Insurance Law attaches much importance to the theory of insurance interest, which involves a wide range, not only including the efficiency of insurance contract but also the criteria of insured object, insurance value, occurrence of damage, reinsurance, over insurance, transfer of benefit with insurance contract.The theory of insurance interest is very advanced in England, U. S. A and Taiwan, etc. In 1995, the Insurance Law of the P. R. C. was adopted, which gives a definition of insurance interest by the 12th article and stipulates the specific substance of insurance interest in life insurance by the 53th article. Obviously, insurance interest plays an important role in the insurance law of China. However, there's no thorough and systematical research made by the circle of commercial law. Thus, I'd like to introduce foreign laws concerned and research insurance interest by ways of comparative law science, economics, and history science. To attract the attention of law scientists is my hope and dream.This article consists of six parts after introductory remarks:(1) General study on insurance interest. To define the essence and gist of insurance interest, this part mainly discusses the concept, purpose, and base of legal principle. (2) Effect of law on insurance interest. Two respects constitute this section. One i s the time when interest is required, and the other is the person who should have insurance interest. (3) Insurance interest in property insurance. Firstly, I analyze the foundation of essential factor and expressional form simply. Then the importance is t o firmly believe the specific substance of insurance interest in property insurance. In this base, I inquire into two lawful questions about insurance interest in property insurance such as stealage and the minus value of property. (4) Insurance interest in lives. This part mainly discusses the principle of affirmation and particular form about insurance interest in lives. Furthermore, the latter is the importance of this section. I analyze the particular form from six sides hereinafter: myself, spouse, children and parents, family members and relatives else, the insurant that agree somebody to insure, and other persons with commercial relation to the insurant. (5) The change of insurance interest. In this part, I'd like to observe and study insurance...