Research On The Subject Of Insurable Interest Of Contract Of Property Insurance

The question of subjects of insurable interest, is that judges a question of the ownership of insurable interest, means that the law requires who should enjoy insurable interest. This text, before discussing subjects of insurable interest of Contract of Property Insurance, defines the relevant concepts at first, namely insurable interest, insurable interest of Contract of Property Insurance, Insurable Interest of Contract of Insurance of the Person, Then discussing the general rule of subjects of insurable interest of Contract of Property Insurance, from the function of insurable interest , validity of insurable interest in time, voluntary service Chapter one, I have discussed the insurable interest. Insurable interest means the legally recognized interest, which the applicant or the insured has in the subject matter of the insurance. Insurable interest of Contract of Property Insurance means the legally recognized interest and Pecuniary interest, which the applicant or the insured has in the subject matter of the insurance. Insurable interest of Contract of Insurance of the Person means the legally recognized interest, which the applicant or the insured has in the subject matter of the insurance of the person. Chapter two, l have discussed the doctrinal disputes of insurable interest. Chapter three, l have discussed the subjects of insurable interest. Traditionally, it think the function of insurable interest are three: First, distinguish the insurance and gambling behavior, Second, exercise restraint in compensating for the number and prevent the unjustified enrichment in the property insurance Third, take precautions against the morals risk I think, who has insurable interests, should depend on the function of insurable interest. The function of insurable interest, include two kinds: first, prohibition of gambling behavior and take precautions against the morals risk while concluding a treaty. Second, when the accident of the insurance happens, exercise restraint in compensating for the number and prevent the unjustified enrichment in the property insurance. First kind of function, the target that restrains is a party of the Insurance Contracts. So, insurable interest is demand to the applicant but not the insured or the beneficiary. Second kind of function, the target that restrains is the right people, who is entitled to claim for the insurance benefits. The right people, who is entitled to claim for the insurance benefits, is generally the insured, when the beneficiary is agreed on, is the beneficiary. But the right which is claimed for the insurance benefits, is based in the transfer of the insured. So ,second kind of function, the target that restrains is the insured, and only examine insurable interest of the insured when the accident of the insurance happens. Engagement to the beneficiary only limited to the beneficiary who is agreed by the applicant, but the insured is not agreed. From the function of insurable interest , I Sum up as follows :The subject of insurance interest is the applicant, while concluding a treaty; If the insured and the beneficiary is the same people, the subject of insurance interest may be not the applicant; when the accident of the insurance happens, the subject of insurance interest is the insured; when the accident of the insurance happens, if the beneficiary only limited to the beneficiary who is agreed by the applicant, but the insured is not agreed, the subject of insurance interest is the beneficiary.Discussing the question of subjects of the insurable interest from validity of insurable interest in time, I Sum up as follows: the subject of insurance interest is the applicant, while concluding a treaty; when the accident of the insurance happens, the subject of insurance interest is the insured; the exceptional situation is, when the accident of the insurance happens, if the beneficiary only limited to the beneficiary who is agreed by the applicant, but the insured is not agreed, the subject of insurance interest is the beneficiary. Chapter four, l have discussed the exception of subjects of insurable interest. The rules of voluntary service is limited in the field of property insurance, it is used when the insured and the beneficiary the same people. If the insured is who is entitled to claim for the insurance benefits, then we needn't think about whether the insured has insurable interest. This is the rules of voluntary service in the field of property insurance. Establishment of voluntary service often adopt counterevidence way in the field of property insurance, that is to say, so long as the insurer can't prove the applicant's intention of the gamble, then the rules of voluntary service is established. In addition, the rules of voluntary service in the field of property insurance, the right, which the applicant asks to return the premium, should begin with the emergence of the accident of the insurance, and can't be higher than the insurance benefits of the insured. In the course of the transformation of insurable interest, the subject of Insurance Interest of Contract of Property Insurance is important. Three kinds of theories exist about the transformation of insurable interest at present, that is to say, definite theory, theory denied, compromise theory. Definite theory mean that the insurable interest begin to transfer before the accident of insurance happen, because of death of the insured, because of...