Insurable Interest In The International Marine Cargo Insurance

In this essay, I acquire my general viewpoints in respect of insurable interest through comparing theoretical viewpoints, laws and judicial practices regarding insurable interest in Englo-American Law System and that in Continental Europe Law System, and the viewpoints relating to insurable interest in Insurance Law and judicial practices in our country. On this base, I have undertaken a lot of researches on cargo insurable interest and its associated legal issues, then I raise my own viewpoints on cargo insurable interest in the end.In chapter one of this essay, I have traced back to the origin of insurable interest. The cause of its origin is for the purpose of preventing people from using insurance to gamble and the occurance of immorality.In chapter two, I have made a lot of researches on the definition and construction elements of insurable interest through comparing theoretical viewpoints, laws and judicial practices regarding insurable interest in Englo-American Law System and that in Continental Europe Law System, then I acquire my own definition of insurable interest, which paves the way for the researches on international cargo insurable interest in the forthcoming chapters. In Englo-American Law System, there are the following theories: legal interest theory and factual expectancy theory and factual expectancy with legal basis theory. In Continental Europe Law System, there are following theories: general insurable interest theory and technical insurable interest theory and economical insurable interest theory. In our insurance law, the definition of insurable interest is extremely in principle which is in-operational in judicial practices. We think, insurable interest is a definite economical interest between the insured and the subject matter insured, which is recognized by the law. In this definition, it embraces three legal characters: legal and definite and economical, and it includes three functions as well: prevention from gambling and limitation of the degree of reimbursement in case of insurance of reimbursement and the prevention from unjust enrichment and the safeguarding the subject matter insured and the prevention from immorality.In chapter three, I have defined the international cargo insurable interest. Then I gave a lot of cases relating to some wordings such as "the interest recognized by law" and "the economic feature of cargo insurable interest" etc. which are easily misunderstood by people, and analyzed these cases in order to clarify and explain those wordings. Meanwhile, I have analyzed the relationship between cargo insurable interest and loss, the relationship between cargo insurable interest and the interest vested by the cargo insurance contract.In chapter four, I have made a research on when the insurable interest must exist on cargo. In international cargo insurance, the insured must beinterested in the subject matter insured at the time of loss though he need not be interested when the insurance is effected.In chapter five, I have made a lot of researches on the categories of international cargo insurable interest. There are following categories of international cargo insurable interest: cargo-owner's insurable interest and carrier's insurable interest resulting from his lien on cargo and pledgee's insurable interest on bill of lading and insurable interest resulting from anticipated profit of cargo and insurable interest resulting from increased value of cargo and insurable interest resulting from responsibility to the cargo re-insurance.In chapter six, I have made a research on the transfer of insurable interest. Cargo insurable interest can't be assigned separately and it shall transfer as the risk of cargo transfers. Meanwhile, I have made a comparison between the assignment of cargo insurance contract and the transfer of cargo insurable interest.In chapter seven, I have made a research on the time of the transfer of cargo insurable interest. Cargo insurable interest transfers as the risk of cargo transfers, so the identification of the transfer time of c...