Research On The Issues Related To The Assignment Of Object Of Property Insurance

The object of property insurance is a basic concept of the insurance law, in theproperty insurance, it is referring to the property and the related rights. On theregulation about the assignment of object of property insurance, insurancelegislation in China has been experienced from blank to gradually perfect process.This paper is trying to analyze the insurance law’s provisions of this issue,expound the significance of the modification of the insurance legislation, explainedthe imperfections in the legislation, and thinking deeply in order to put forward somesuggestions.This paper is mainly divided into five parts:The first chapter is clarified some of the confusing concept related to theassignment of the object of property insurance and subdivided into two parts, makesgeneral definition of the basic conception, such as the insured object, insurableinterest, assignment of the insured object, assignment of the contract and so on; findthe links between them, in order to find a clear meaning about the assignment of theinsurance object.The second chapter is discussed the effect of the insurance contract after theassignment the object of property insurance. The first part is analyzed the disputebetween the personal principle and physical principle of insurance contract. The second part introduces the theory and legislative model of the provisions in differentcountries and regions, and the modification and theory evolution of our country’sprovisions in insurance law and finds the advancement of theory evolution, drawattention to the legislation need to be perfected.The third chapter is analysis the most important obligation of insurant in propertyassignment process, which is the notice obligation. The first section is toanalyze the important significance of the obligation to notify, because of thecharacteristics of the insurance relationship. The second part detailed analyzed howthe insurant perform the notice obligations when he want to transfer the insuredproperty. The author try to suggest the improved method when the law has blank.The fourth chapter is introduced the most affected factor of both parties ininsurance relationship: a significant increase in the risk of analysis. The first section isdiscussed the elements about achieve the degree of significant increase in the risk, andshould put attention to these elements. The second section is talking about the whowill judge whether the risk of the object of insurance achieved the significantincreased degree.The fifth chapter is discussed the underwriter’s rights in the process of theassignment of the object of property insurance. The first section analysis when theunderwriter was been informed, he can choose to increases the insurance cost tomaintain the contract or terminate the contract. The second quarter analysis when theinsurant did not perform the notice obligations, the protection regulation of theunderwriter’s interest. And the paper puts forward the solutions when the law does notprovide a solution about the insurer defective performance the notify obligation.