Analysis Of The Life Insurance Interests

The principle of insurable interest is a basic principle in the insurance law system. Some rules about insurable interest in the insurance law system of our country is not very perfect, so there are lots of problems on legislation and practice.This text is made up of four parts. The first part is theoretical study of insurable interest, especially on definition, and essentials of insurable interest. From the author's view of Point, Insurable interests is legal interest that the law requires an insured of an insurance contract to have in the thing or Person. Such kind of interest should be lawful, enforce able interest that a factual expectancy exist in or based on legal relationship. The author described the intension of the insurable interest through analyzing many kinds of academic views. The second part is about the innate character of insurable interest. Insurable interest theory argues that insurable interest is an economic interest, while relationship theory argues that it is the relationship between the subject and the object. The author holds that, insurable interest is a unification of abstract interest and concrete interest which basic on some relationship. If we can join the insurable interest and the approval doctrine principle together, guarantee function of insurable interest will be developed. The third part is about the scope the insurable interest applies to, which is also the problem concerned in practice. If the insurant and the beneficiary is the same person, he must has insurable interest; If there are the insurant, the insurable and the beneficiary three characters, the insurant and the beneficiary must have insurable interest at the same time, and special circumstance is admitted. From a relative case, the author holds that insurance interests is needed while concluding the contract. It is unnecessary for the insured to have interests when the accident of the insurance happens. Referring the scope of the insurable interest, there are two types, one is the insured and the relatives of him, they are his spouse, children, parents and so on; the other is some people who have business connection with him, such as the insured and one's own debtor, guardian, employee and employer, partner with economic benefits relation person and so on.