An Insurable Interest In The Identification And Change

As one of the effect elements of the insurance contract, the principle of insurable interest has a close connection with such systems in insurance law as the effect of insurance contract, the value of insurance, the excess insurance, the subrogation of insurer, etc, and it evaluates the insurance contract basically. So we say "no insurable interest, no insurance."The thesis is made up of three parts:The first part is the general introduction of the insurable interest. In this part the thesis discusses the meaning of insurable interest, the history of the theory of insurable interest, and the functions of insurable interest. The insurable interest is the legal economic interest of the insured or the beneficiary. The insurable interest has five functions: distinguishing insurance from gamble, preventing from the emerge of moral hazard, determining the subject qualification of insurance contract, affecting the content and effect of insurance contract, preventing form the unjust benefit, and limiting amount of compensation in compensatory insurance contract. The theory of the insurable interest of property insurance has gone through three stages: general insurable interest, technical insurable interest, and economical insurable interest. In life insurance contract, Anglo-American law system and continental law system went through different stages and apply different rules.The second part is the cognizance of insurable interest. This part includes the cognizance of the subject of insurable interest, the object of insurable interest, and the time of insurable interest. In property insurance, the subject of insurable interest is the insured, in life insurance the subject of insurable interest is beneficiary. The object of insurable interest is the property , life or body. In property insurance contract, the insurable interest is the effect element, and in life insurance...