Law Issues Concerning Cargo Insurable Interest In The Maritime Cargo Insurance

Insurable interest is the soul of the insurance contract. In propertyinsurance, the insured must have insurable interest for the object ofinsurance when the accident happened. The correct understanding and graspof insurable interest is essential for insurance coverage in theinternational sale of goods, from the conclusion of the contract to thecontract take effect, incoterms and law direct provide the division ofthe risk to the cargo, which is the main line to comb insurable interest.From an insurable interest in the theory, defining the subject andtransfer, detailing description and researching for the insurableinterest in international cargo trade.The author of this paper come into contact with foreign trade forumfrontline staff made all kinds of foreign marine cargo insurance onpractical issues, she finds that many small and medium export enterprisesare facing or have been caught in trade risk and fraud, these risks cannot properly insured.In the cargo transport process, each stage has an insurable interestthat secretly transferred, in order to find out the insurable interesttransfer rules, they must firmly grasp who will bear the risk, and theallocation of risk commonly used to deliver doctrine, while in thecontract fulfillment process, the seller defaults, the buyer defaults,midway resale, transfer of insurance policies, will cause the transferof risk occurrence and risk transfer insurable interest on a transfer,so sorting out the allocation of risk and grasping the insurable interestwill be able to help the insured person to insure correctly and timely.In this paper, a theory of the study is the comparative analysis method, through the comparison of national legal systems, cross-checked againsta point of view, to draw firm conclusions. In this paper, a sociologicalanalysis is the economic analysis, such as the prior analysis.In the process of writing, the author of combined the risks and oceancargo insurable interest with the international trade process, citing alarge number of cases, and strive to use legal means to resolve the issueof insurance, it is clear that the operation of law as a trade practiceprovides a theoretical basis and the upper source.