An Insurable Interest In A Number Of Issues To Study

Insurable interest is a featured concept of insurance contract law. Generally the doctrine of insurable interest is viewed as one of the basic and unique principle of insurance contract law. Related theories about insurable interest is a significant part of the whole insurance contract law theory. The significance is not only because of its theoretical importance, but also comes from its particular importance in practice. The practical importance first can be seen from its influential force to the insurance contract' validity and further to the rights and obligations of the parties of a insurance contract, even can be seen from an angle above a single insurance contract such as its function as ultimate business scope of the insurer and reference function when types of insurable interests are considered, its function as a decisive factor to determine whether the applicant is qualified to be insured and whether and how much a claim for damages can be filed by the insured after the conclusion of the contract. Insurable interest related rules of Chinese insurance law is not so proper ,which will cause unpleasant impact to their application itself and the effect of their application. Diversified theoretical points of view about every aspects of insurable interest do exist. Under such circumstance, this essay try to make some study and clarifications on the and particularly on the fundamental aspect like the definition of insurable interest, confusing aspect like the relations among the bonds insurable interest, credit insurable interest and liability insurable interest and key aspect like how it have impact on the validity of a insurance contract on the basis of summarizing and analyzing those already existing theoretical achievements regarding our country's related civil and commercial law theories and rules. Among which history, comparison, summarizing, economical, structure ways of study are used . All this is just for one purpose that this essay may could be helpful to the insurable interest related theory and practice of our country. This essay includes six parts. Besides the preface and conclusion, there are four chapters, every one chapter is a part. The first chapter is on the outline of insurable interest, composed of six sections. The first section is on the historical development of insurable interest's meaning, the second section is on the definition of insurable interest, the third section is on the scope of insurable interest concept where it is suitable , the fourth section is on the function of insurable interest, the fifth section is on who must have the insurable interest, the sixth section is on when the insurable interest must exist. The second chapter is on property insurable interest, composed of three sections. The first section is on the qualification requirements of property insurable interest, the second section is on the types and their specific identifications, the third section is on the relation between the insurable interest and supra-value insurance, duplicate insurance and insurer's subrogation. The third chapter is on personal insurable interest, composed of two sections. The first section is on the two legal systems' different attitudes toward personal insurable interest, the second section is on the specific identifications of personal insurable interest. The fourth chapter is on insurable interest and insurance contract, composed of two sections. The first section is insurable interest is one of requirements for insurance contract's validity, the second section is about impact on insurance contract's validity after insurable interest's transmission and extinguishment.