On The Influence Of The Transfer Of Insurance Objects On The Validity Of Insurance Contracts

Today,with the increasing development of the sharing economy,the public awareness of insurance has awakened,and the demand for insurance has promoted the prosperity and development of the insurance market.Therefore,it is necessary to update and improve the insurance law to meet the actual needs.The transfer of the subject matter of insurance is a very characteristic system in the insurance law,which is related to the balance of interests of the insurer,the insured and the transferee,and also affects the subsequent effectiveness of the insurance contract.Due to the gap between the current insurance law and social needs,there have been many disputes arising from the transfer of insurance objects.On the issue of the transfer of the subject matter of insurance,the provisions of my country’s"Insurance Law" are somewhat vague,which further leads to the issue of the determination of the validity of the insurance contract due to the transfer of the subject matter of insurance in practice.Although scholars have made a lot of research results on this,they are mostly limited to the transfer of the insurance object itself,and the impact of the transfer of the insurance object on the validity of the insurance contract is not clear.Therefore,the author believes that it is extremely necessary to study the influence of the transfer of insurance objects on the validity of insurance contracts.First,it can solve the problem that the judicial practice of insurance disputes cannot be relied upon,and second,it can promote the development of insurance theory.In addition to the introduction,this paper has three chapters.The second chapter introduces the basic theory of the transfer of the subject of insurance,involving the identification and analysis of the transfer object,the identification of the nature of the transfer behavior,and the determination of the transfer time node.This article believes that"object of insurance" refers to property and related interests.The subject of insurance includes not only tangible things,but also intangible properties and related rights and interests.Interests include both positive and negative interests,as well as actual interests and expected interests.As far as the transfer of the subject matter of insurance is concerned,this paper believes that the transfer is limited to the change of the rights and interests of the subject matter of insurance due to legal reasons.Regarding the determination of the"transfer time node" of the subject of insurance,the prevailing academic circles are "the theory of transfer of ownership" and "theory of risk transfer".It is more advantageous to say that it can truly achieve the purpose of insurance to "spread risks and share losses",and effectively protect the actual interests of those who are truly injured.The third chapter studies the validity of the insurance contract after the transfer of the subject matter of insurance,among which the common law countries adopt"personalism"on this issue-the transfer of the subject matter of insurance requires the consent of the insurer before the insurance contract can continue to be valid.That is,during the period from the transfer of the subject matter of insurance to the consent of the insurer,the validity of the insurance contract shall be suspended,and after the assessment and confirmation of the insurer,the insurance contract shall continue to be valid for the assignee of the subject matter of insurance;if the insurer does not agree to the transfer of the subject matter of insurance,the insurance contract shall be invalid.This theory puts more emphasis on risk control,but it is not conducive to the circulation of resources,and it is easy to generate insurance blank periods and cause insurance disputes.In contrast,civil law countries adopt"materialism" regarding the impact of the transfer of the subject matter of insurance on the insurance contract-regardless of the insurer’s wishes,it is uniformly recognized that the insurance contract is transferred along with it and continues to be valid.Referring to the different legislative examples of the common law system and the civil law system,my country’s "Insurance Law" takes "materialism" as the main reference and applies"personalism",and adopts the combination of absolute succession and relative succession.,the degree of risk does not increase or generally increases,that is,it does not exceed the risk range that the insurer can estimate when the insurance contract is concluded.The transferee shall inherit the rights and obligations of the insured and become a new party to the insurance contract.However,if the transfer significantly increases the risk of the subject matter insured,the insurance contractor may request to increase the premium or terminate the contract according to the stipulations of the insurance contract.This regulation encourages transactions and at the same time pays attention to risk control,which can effectively improve the overall benefits of society.After the above analysis and discussion,this paper believes that the transfer of the insurance subject will lead to the legal transfer of the insurance contract.The subject matter of insurance is transferred from the insured to the transferee.This transfer has a significant impact on the insurance contract,so it is inevitable to study the notification obligation derived from the transfer.Therefore,the fourth chapter of this paper discusses the influence of the performance of the notification obligation after the transfer of the subject matter of insurance on the validity of the insurance contract.The "Insurance Law" has a lot to do with the notification obligation,but this chapter mainly discusses the notification obligation arising from the transfer of the subject matter of insurance.Article 49 of the "Insurance Law" stipulates this obligation,but it is general,so this article discusses this issue in layers.Among them,if the transfer of the subject matter of insurance does not lead to a significant increase in the degree of danger,will the insured or the assignee fulfill the obligation of notification,will it affect the validity of the insurance contract,and will the insurer be liable for insurance in the event of an accident?What is the nature of the notification obligation?In this regard,this paper holds that:if the transfer of the subject matter of insurance does not lead to a significant increase in the degree of danger,the failure of the insured or the assignee to perform this notification obligation will not affect the validity of the insurance contract,and the insurer shall bear the insurance liability when the accident occurs.Symbolic and advocacy.When the transfer of the subject matter of insurance causes a significant increase in the degree of danger,if the insured or the transferee fails to fulfill the obligation of notification,the insurer may be exempted from liability in the event of an accident.The law clearly stipulates this,and there is no dispute in practice.The law stipulates that the insured and the assignee have fulfilled the obligation of notification,and the insurer may request to increase the premium or terminate the contract according to the stipulations in the insurance contract.However,if the insurance contract does not stipulate the above rights,can the insurer claim it?Do I need to take the insurance responsibility when there is an accident?The law is not clear about this.This article believes that if the insurance contract does not specify that the insurer has the right to request an increase in premiums or to terminate the contract,the insurer shall not claim the above rights,and should bear the insurance liability when the accident occurs.Starting from the systematic interpretation,this article connects Article 49 of the Insurance Law,Articles 1,4,and 5 of the Fourth Judicial Interpretation of the Insurance Law and the relevant provisions of the Contract Section of the Civil Code,in an attempt to fill the above-mentioned legal gaps,in order to maintain the integrity of insurance contracts.The balance of consideration,the realization of the purpose of insurance,and the escort for the long-term development of the insurance industry.