The Research On The Determination Of Insured Value Problems In The Property Insurance Contract

In the history of the development of insurance law, the term of insured value is constantly changing from its proposal to present, with scholars’ understanding from simple awareness to rational knowledge. The insured value can be described as the psychical concept of the Insurance Law. Throughout many property insurance disputes, the determination of the insured value is undoubtedly the core of the problem solved, also determining the proportion of payment and payment limits scale. Even more it is necessary for the implementation of insurable interest and compensation for loss of these two core principles. However, look at the status of Insurance Law in China, “What is the value of the insurance”, insurance law theory in our country is not conclusive. This is a major shortcoming of the Insurance Law. The resulting series of questions related to the insured value: whether the insured value applicable to all insurance contracts, principles of determination of insured value, and in valued insurance and unvalued insurance of the insured value determined in different ways and other issues, are to be resolved. The base of these problem-solving is to determine the value of insurance. In theory, the insured value in the basic position, at the core of the practice, is close to the final settlement of insurance claims. Determining a uniform standard in the insurance legal circles, its importance is self-evident.Because of lack of insurance law provisions relating to the insured value, in theory scholars have different opinions. Triggered in practice judicial workers of the same judgment in the case can not decide which is right. This is not only conducive to the development of insurance law in theory and in practice. And it is not conducive to the smooth development of the business insurer and the insured is reasonable to choose their own insurance cover, and even affecting the dignity of the Insurance Law and confidence in the Insurance Law. In this context, there is a need to study the insured value of problem determination.In this paper, the main content is divided into five parts. Firstly, in order to study the concept of insured value as a starting point. From two directions of insured value, which are to define its scope and connotations, by scholars and different perceptions concerning the scope of its meaning and to explore, draw more comprehensive concept of the insured value. Secondly, to start with the function of insured value, we have a comparative analysis of the approximate amount of insurance with their function, the former is "statutory maximum", the later is "agreed ceiling". Although both the same as limiting the insurer to pay the amount of the ruler, more in the case of inconsistencies between the two, resulting in different insurance contract, the application of legal norms is different. On this basis, with the typical cases, we analyze insured value of practice in dealing with the problems in insurance claims. Again, by the example of cases, we explore the rules established of insured value in the technical level, and promote the development of the uniform rules of insured value, including the principle of determining the insured value, the methods of determining the insured value, distinguishing two different contracts, which apply different measured ways. Finally, in view of the defects of regulations about the insured value in our country’s and the needs of reality, we will put forward a clear insured value on legal considerations.