On The Life Insurance Benefits

The topic of my graduation is the insurable interest in the life insurance field.The insurable interest is regarded as the basic concept in the contract law of theinsurance, it not only relate to the effect of the insurance contract, also is decideinsurance object, insurance value, repeated insurance, excess insurance and thebasic important item that the insurance contract's interest transfers. Insurableinterest is one of fundamental principles on insurance laws, has great theory andpractice meanings. This text has drafted the basic theories of insurable interestand the insurable interest in the life insurance to carry on study and analyzes,combining the existent problem in the insurance practice in China,Consequently, suggestions are offered to perfect the insurance law of china.This article consists of four parts.The first part is general study of insurable interest. This part includes fourcontents. The first contents looked back the history of the insurable interestslightly; explaining the reason of the insurance interest's principle has founded inBritish and America laws; and introduced our country history of the insurableinterest development in brief. The second content is the concept of insuranceinterest, Introduce the insurable interests of Anglo-American genealogy of law isdivided into property insurable interest and life insurable interest and give adefinition respectively, then elaborated three kinds of standpoints of the conceptsof insurable interest in the academic circles: The economical interests theory.This kind of standpoints means the insurable interests is the economic intereststhat the insured or insurant have to the insurance object or the insured humanbody. The relation theory. This kind of standpoints means insurable interests isthe insured or insurant to the insurance object or insured human body have ofrelation. The proper method theory. This kind of standpoints means insurableinterests is the insured or insurant to the insurance object or insured human bodyhave of legal interests. This theory is just for our country local. The third contentsis the category of insurable interests, according to the different standard give thedifferent division: take the category of insurance as standard is divided intoproperty insurable interests and personal insurable interests; take the nature of insurance as standard is divided into positive insurable interests and negativeinsurable interests. The fourth content is the function of the insurable interests,and has the function to prevent gambling, moral risk and limit compensation.The second is on life insurance interests. This part elaborating concept andcharacteristics of life insurable interests, pointing out the biggest characteristics is:First, the object is person's body or the life; Second, the life insurance interestcontains the certain economical interests, also includes certain abstract spiritualinterests. From the author's view of point, although insurance interest applies andcompares on the property insurance interest with it in the applying life insuranceinterest that is special. But as a basic principle, also is suitable for the lifeinsurance, and point out life insurable interest to the insured's body or life are oneconomic relations. With the comparative jurisprudence, the text introduces thelegislative style of the life insurable interest in England, the United States, Frenchand German. Then discuss the confirmation principle on life insurable interest,mainly divided into: common law system countries use "interest doctrineprinciple", civil law system countries use "consention doctrine principle". Finally,compare them and point out the views in China.The third part is the affirmation of life insurable interest. This part firstanalysis when the life insurable interest has existence, through introduced theprinciple which confirmed from a famous legal precedent in England in 1854,elaborated the life insurable interest have to work out in the contract time exists.This part then discusses the transfer of the life insurable interest, the authorbelieved, in the property insurance contract, the insurable object shift, the death ofthe insurant will bring the transfer of insurable interest, in these cases theinsurable interest is continue valid; but the insurance object is the person's life orbody in life insurable contract, thus don't think is the transfer problem ofinsurable interest, certainly it doesn't expel the transfer of fights and interests onlife insurance contract. This part also introduces the scope with life insurableinterests in various countries, though different countries have various legaltradition, historical origin and economical development influence, but mainlyincluding: Myself; Spouse; Relatives relation; Creditor and debtor; Employer andemployee; of partner; Other situations. Finally, this part point out our country adopt "interests and consent principle", and elaborate in detail concrete forms in《insurance law》as follows state:Ⅰ; Spouse, parents, Children; Raise, support orbring up the other members, close relatives of family of the relation with theinsured; Agreeing the others insures of insurant.The fourth part is the judicial practice and the legislative perfection on lifeinsurance interest. It based on the analysis of theory and litigation, this part putforward legislative suggestions as follows: modifying the definition of insurableinterest, revising the scope for the life insurable interest and prohibiting fromordering the death insurance contract to minor.