The Determination Of Insurable Interest In Property Insurances

As a core concept in the insurance system, insurable interest is playing a role as tocompensate damages, prevent gambling and moral hazard. Just as a legal proverb goes: Noinsurable interest, no insurance. Based on the important function of insurable interest ininsurance system, it is extremely important to determine whether there is insurable interest ornot. Compare with the former, current insurance law and the relevant regulations incarnateadvantages about the determination of insurable interest.But there is an undeniable fact that asthe law is not perfect, it is hard to determine insurable interest in juridical practice. Therefore,base on the study on the theoretical basis of the determination of insurable interest, this paperis focus on analyzing the relevant regulations in the Supreme Court’s second judicialinterpretation and law-application for insurance law to improve the determination system ofinsurable interests.The first part of the article is to carding the theories of insurable interestsdetermination in property insurances, which include both civil law and Anglo-American law,then turn to introduce the theories in China. So as to get the conclusion that there ishomoplasy in different legal system, this makes the basement of the following passages.The second part is interpret the regulations about insurable interest determination inInsurance Law, the relevant clauses are the determination of insurable interest, the ownershipof insurable interest and time of insurable interest. This also involve the determination ofinsurable interest in dynamic conditions. This part will also interpret the judicial interpretationof the current Insurance Law.The third part is to the analysis of the weakness of how to determine insurable interestin Insurance Law, this part is based on the second part and extended, the main weakness arethe conception and limitation of insurable interest in Property Law and the issue of the timingof transfering object insuranceThe forth part is about the susgestions of how to complete the Insurable Interestdetermination system withinProperty law, this system includes two levels: the first level is thebasic standard of the determination of insurable interest, the basic standard refers to theconception and limitation, belonging subject and existance time of insurable interest; thesecond level is the determination of insurable interest under a certain condition, it mainly aims at the determination of insurable interest under steady state and dynamic state.