Research On The Legal System Of Life Insurable Interest

The principle of insurable interest is a basic principle in the insurance law system. Some rules about insurable interest in the insurance law system of our country is not very perfect, so there are lots of problems on legislation and practice. On the basis of summarizing and analyzing those theoretical achievements which have already exist, four parts of this paper are given to make a careful study on life insurable interest, among which history, comparison, summarizing, economical, structure ways of study are used.The first part of this paper is on the outline of insurable interest. Insurable interest originates from the marine transport, and finally confirmed in the <> of 1774 in Britain. It has the function to prevent gambling, moral peril and limit the compensation. The system of insurable interest has a history of more than 200 years, although it is not very perfect, it still cannot be instead by"approval doctrine principle"used by Civil law system. If we can join the insurable interest and the approval doctrine principle together, guarantee function of insurable interest will be developed.The second part is about the innate character of insurable interest. Insurable interest theory argues that insurable interest is an economic interest, while relationship theory argues that it is the relationship between the subject and the object. The author holds that, insurable interest is a unification of abstract interest and concrete interest which basic on some relationship.The third part is about the scope the insurable interest applies to, which is also the problem concerned in practice. If the insurant and the beneficiary is the same person, he must has insurable interest; If there are the insurant, the insurable and the beneficiary three characters, the insurant and the beneficiary must have insurable interest at the same time, and special circumstance is admitted. From a relative case, the author holds that insurance interests is needed while concluding the contract. It is unnecessary for the insured to have interests when the accident of the insurance happens. Referring the scope of the insurable interest, there are two types, one is the insured and the relatives of him, they are his spouse, children, parents and so on; the other is some people who have business connection with him, such as the insured and one's own debtor, guardian, employee and employer, partner with economic benefits relation person and so on.In the forth part, the author synthesizes the study of the whole article, proposes some suggestions to the present"Insurance Law"of our country. All this is just for a purpose that this paper could be helpful to the development of the insurance in our country.