Research On The Application Of The Principle Of Insurable Interest In Life Insurance Contracts

The so-called "no interest,no insurance",insurance interest is related to the establishment of the insurance contract or not,is one of the most important issues in the insurance legal system,therefore,the principle of insurance interest is of great significance to the improvement and development of the insurance legal system.Different from property insurance contract,because the subject matter of life insurance contract is human body or life,it is difficult to measure its value with money.Once there is a problem in the application of the principle of insurable interest in life insurance contract,it will easily lead to moral hazard and cause social instability.Therefore,the legislation of various countries has specially regulated it.In 1995,China established the principle of insurable interest in the insurance law for the first time,and the specific application of the principle in the life insurance contract has been continuously improved through the relevant legal system.However,there are still many problems in the application of the principle of insurable interest in the life insurance contract in China due to the unclear provisions of whether different subjects have insurable interest in the life insurance contract,whether the insurable interest is transferred due to transfer and inheritance,and the imperfect contract review system.Therefore,based on the specific analysis of the problems existing in the application of the principle of insurable interest in the life insurance contract,this paper puts forward relevant legislative suggestions from the aspects of clarifying the insurable interest of different subjects in the life insurance contract,broadening the application scope of the principle of insurable interest in the life insurance contract,and improving the examination system of insurable interest in the life insurance contract.This article mainly focuses on the application of the principle of insurance interests in life insurance contracts as the research object,and is divided into four parts:The first part is to analyze the basic theory of the insurance interest principle in the life insurance contract.By summing up different theories about the identification of the nature of life insurance interest,the viewpoints of this article are summarized,and the function of life insurance interest is explained,and the next step is to analyze the problems and make suggestions.The second part focuses on the analysis of the problems in the application of the principle of insurable interest in the life insurance contract,mainly from four major aspects: its applicable subject,scope of application,time of application and review system.The third part mainly expounds the life insurance interest-related systems in the common law countries represented by the United Kingdom and the United States and the civil law countries represented by Germany and Japan,and summarized the enlightenment to my country through comparative analysis.The fourth part is the suggestions for the insurance benefits in the life insurance contract.On the basis of the problems in the application process of the insurance interest principle analyzed in the previous article,the insurance interests of different subjects of the life insurance contract in the insurance contract are clarified,the scope of life insurance interests is expanded,and the review of life insurance interests is improved.System and other aspects put forward relevant legislative improvement suggestions.