An Insurable Interest In Research

The business insurance takes one economical compensation method and the social product redistribution special way, is occupying very important and the special status in the modern economic life. Of a insurance interest principle as business insurance basic principles is called "the insurance order cornerstone", various countries law of insurance also established "not insurance interest not to have the insurance" this criterion. Since the insurance interest birth, to insurance interest's limits, has been has wide divided opinions, the kind wisdom sees respectively, not only this manifests between the different legal system, even if is between the identical legal system different country is also unable to agree. Our country to insurance interest's research and the discussion relative lag, along with joins WTO and the domestic insurance business completely opening to the outside world reality, the correct limits insurance interest principle, consummates the insurance legislation, the promotion insurance business healthy development, has become the especially urgent question. this article is for the purpose of through deliberating to the insurance interest principle system that has a benefit by the time to the fundamental research and the legislative practice. This article first, outline insurance interest basic question, including insurance interest theory history review, insurance interest definition inquisition, insurance interest nature resonsideration and insurance interest function limits; Next, deliberation insurance interest suitable potency, including insurance interest applicable scope, suitable main body, suitable time; thirdly, consummates the insurance interest type system's construction, the insurance interest discrimination for the materiality insurance interest and the abstractness insurance interest, separately to the two concrete type systematization, and discusses insurance interest coexisting and competes gathers this question; Finally, in view in our country present law of insurance and the related legislative draft about insurance interest's stipulation, proposed the existence insufficiency and the correlation perfect measure.